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HomeMy WebLinkAboutITEM VIII-A-3 '" -"'~ ~CS:O;~-~~T ,~~JIcrKl" "/-- WASHINGTON AGENDA BILL APPROVAL FORM Aqenda Subiect Ordinance No. 5905 for Date: Aoolication No. CUP04-0007 3/17/2005 Department: Planning I Attachments: H.E. Decision, Staff Budget Impact: ReDor!, Vicinitv MaD, ADDlication Administrative Recommendation: Citv Council introduce and adoDt Ordinance No. 5905. Backqround Summary: The Hearing Examiner on February 23, 2005 conducted a public hearing on the request of The request of Washington State Parks Development Service Center on behalf of Cingular and Sprint for a conditional use permit to locate a wireless communications facility (WCF) on an athletic field light in a P1 (Public Use) zoning district. The proposal is to increase the height of the existing structure by 30 percent within the Auburn Game Farm Park located at 3030 R Street SE. Auburn City Code (ACC) section 18.04.912 defines such a proposal as a Type 1-D wireless communications facility. Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional use permit. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. HE\APP\CUP04-7 AND ORD5905 L0321-2 03.10.1 CUP04-0007 Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: [8 Building [8 M&O o Airport o Finance o Cemetery o Mayor I8J Hearing Examiner o Municipal Servo o Finance o Parks o Human Services o Planning & CD [8 Fire [8 Planning o Park Board OPublic Works o Legai o Police o Planning Comm. o Other [8 Public Works o Human Resources Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing -'-,- Referred to Until --1-'- Tabled Until -'-'- Councilmember: Sinner I Staff: Krauss Meetina Date: March 21, 2005 I Item Number: VIII.A.3 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 5 9 0 5 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TYPE 1-D WIRELESS COMMUNICATIONS FACILITY AND ASSOCIATED RADIO EQUIPMENT TO BE STORED IN AN ENCLOSED STRUCTURE ADJACENT TO FIELD THREE OF GAME FARM PARK AT 3030 R STREET SE IN AUBURN, WASHINGTON WHEREAS, Application No. CUP04-0007 dated September 8, 2004, has been submitted to the City of Auburn, Washington, by Justin Abbott on behalf of Cingular Wireless and Sprint PCS requesting a Conditional Use Permit (CUP) for a Type 1-D wireless communications facility and associated radio equipment to be stored in an enclosed structure adjacent to field three of Game Farm Park at 3030 R Street, Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on February 23, 2005, of which the Hearing Examiner recommended approval of Conditional Use Permit on March 2, 2005; and WHEREAS, the City Council, on March 21, 2005, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: ---.----------------------- Ordinance 5905 March 15, 2005 Page 1 FINDINGS OF FACT 1. The Applicant requests approval of a Conditional Use Permit (CUP) to replace an existing SO-foot high wooden athletic field light standard with a 104-foot high steel light standard to support two antennae arrays for wireless communications facilities. The proposal includes the request to allow associated radio equipment to be located in a nO-square foot enclosed structure at the foot of the new standard. The existing light standard is located on the outfield of baseball field 3 of Auburn's Game Farm Park at 3030 R Street SE in Auburn, Washington. Exhibit 1,· page 1; Exhibit 2, page 1; Exhibit 3, page 1. 2. Auburn's Game Farm Park is a 33.5-acre municipal park currently owned by Washington State Parks Department. The City of Auburn (the City) is currently in negotiations to acquire the property from the state. The park includes three baseball fields, soccer fields, basketball courts, tennis courts, parking, and other facilities. Exhibit 4, Site Aerial photo; Exhibit 1, Staff Report, page 1. The proposed wireless communications facility (WCF) would be in an area that is lawn and would be outside the existing outfield fence and gravel track on field 3. The specific site of the project is in the central north portion of the park, such that the use would be surrounded by the park to the south, east, and west. North of the site across Riverwalk Drive SE is a single-family residential area. Exhibit 4; Exhibit 1, page 1. The closest residence is located approximately 220 feet from the proposed antenna location. Exhibit 16. The light pole is behind the fifteen foot high scoreboard. Tall trees block views of the light standard and scoreboard from the view of the closest reisdential development. A densely wooded hill rises from the grade of the park directly adjacent to the proposed antenna location, further obscuring the view of the proposed antenna from surrounding residential development. Exhibit 1, page 3; Testimony of Mr. Dixon; Exhibit 4; Site view. 3. Game Farm Park is zoned Public Use (P1), which is consistent with the "Public and Quasi-Public" Comprehensive Plan land use designation for the site. Exhibit 1, page 1. The intent of the P-1 district is to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. ACe 18.40.010. "Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein by reference. ---------------------------- Ordinance 5905 March 15, 2005 Page 2 4. Maximum structure height in the P1 district is 45 feet. ACe 18.40.040(F). Exceptions to the maximum structure height are allowed for certain types of structures, including athletic field light standards, with CUP approval. ACC 18.48.030(A)(5)(b). 5. The Auburn City Code distinguishes between different types of WCFs. Wireless antennae located on existing water towers, athletic field light poles, or similar public utility structures that are not located within a public right-of-way are defined as Type 1-D wireless communications facilities. Height restrictions for Type 1-D antennae are as follows: 10% increase in the existing structure height is allowed without permit; 20% increase in existing structure height is allowed with approval from the planning director; and, 30% increase in existing structure height is allowed with approval CUP. ACC 18.04.912. Based on this definition, the proposed project is a Type 1-D WCF. Exhibit 3, Application, page 2; Exhibit 1, page 3. In addition, the proposed antenna use of the existing light standard is defined as a secondary use, as the athlectic field lighting would remain the primary use. Ace 18.04.912(/)(3). Type 1-D WCFs are a permitted use in the P-1 district. ACC 18.40.020; Testimony of Mr. Dixon. 6. The proposed WCF would be located within a lease area approximately of 38 by 22-feet. The project would increase an existing pole by 24-feet, or 30%. The existing 80-foot wooden light pole would be replaced with a 104-foot steel pole with two sets of antenna brackets, one each for Cingular Wireless and Sprint PCS. Each carrier would have three sets of antennas mounted on three sides of the pole. Cingular's antennae would be located on the pole between 94.5 and 104 feet up, and would be 104 inches by 5.3 inches in area. Sprint PCS' antennae would be located on the pole between 87.7 and 92.3 feet in height, and would measure 60 inches by eight inches. There would be space on the pole for future co-location by a third wireless carrier below the Sprint antenna array. The athletic field lights would be removed and replaced on the new steel pole at the same height and orientation they occupied prior to construction. The pole and all exposed antennae, coaxial cable, and mounting hardware would be painted a light gray color to blend in with the predominant color of the surrounding sky. Exhibit 3, Application; Exhibit 10, Sprint Revised final construction drawings; Exhibit 11; Cingular revised final construction drawings. --------------------------- Ordinance 5905 March 15, 2005 Page 3 7. The Applicant proposed construction of a 36 by 20-foot accessory equipment building. Each proposed carrier would occupy an enclosed 12 by 20-foot area within the enclosed structure. A third 12 by 20-foot space within the equipment structure would be created for use by a future third carrier. The Applicant proposes to develop the third portion of the equipment structure as a partially enclosed picnic area, until a third wireless carrier locates on the proposed pole. The individual equipment enclosures would house electrical equipment supporting the antennae above. Exhibit 3, Application, Project Proposal; Exhibit 1, page 4; Testimony of Mr. Abbott. 8. The accessory equipment would include the use of cabinet fans attached to thermostats within each equipment unit. The fans would not operate continuously, but only when the temperature within the equipment structure triggered their operation. The Applicant submitted an acoustical report documenting the results of a noise survey performed in the vicinity of the proposed antenna arrays. The report studied at what volume noise from the project would be heard at the receiving property lines. The report indicated that the predicted sound pressure from the fans at receiving property lines would reach 32.8 dBD. City planning staff indicated that the predicted noise levels fall within the allowed daytime and nightime noise standards for the City. Exhibit 16, Acoustical Report from SSA Acoustics; Exhibit 1, page 5. 9. Chapter 14 of the Comprehensive Plan indicates the purpose of the subject property's 'Public and Quasi Public' land use designation is "to designate areas of significant size needed to provide public and quasi public uses to the community." The City's Comprehensive Plan recognizes private utilities as providing important and necessary services to the community and encourages private utilities to bring services to all neighborhoods and all segments of the Auburn population. The Comprehensive Plan specifically promotes the location of antennae on existing poles, structures, or buildings whenever possible for the purpose of reducing visual clutter. Exhibit 1, pages 4-5; Testimony of Mr. Dixon. 10. Aside from temporary impacts to field 3 during construction, it is not anticipated that the proposed increase in pole height would create any adverse impacts to people, property, existing uses in the vicinity, or the public health and safety. Game Farm Park contains many existing light poles. The Applicant submitted photo simulations depicting before and after views of the extended light pole. These simulations demonstrate ------------------~------- Ordinance 5905 March 15, 2005 Page 4 that the 24-foot increase in height in one pole would not impact views from nearby properties. Intermittent noise created by the accessory equipment would be within accepted standards. The project would not cause an increase in traffic, odors, or glare. Existing vegetation in the vicinity would help to screen the proposed increase in pole height. A condition of approval is necessary to ensure that the exterior building appearance of the accessory equipment structure maintains a harmonious relationship between the project and the existing character of Game Farm Park. The project will improve cellular service coverage in an area of Auburn that currently experiences frequent interruptions in service. Exhibit 1, pages 4-6; Exhibits 13, 14, and 16. 11. The Applicant would be required to apply for a building permit prior to construction. Building permit approval would address compliance with zoning, fire code, and building standards. Exhibit 1, page 6; Testimony of Mr. Dixon. 12. The proposed WCF would connect to existing electrical and telephone services and would share existing driveways and parking areas on site. While the project includes construction of a four-foot wide, 220-foot long asphalt path leading to the equipment structure, it would not create additional access to public streets. The record contains no indication that the project would result in adverse impacts on surrounding infrastructure or in a public nuissance. Exhibit 1, pages 4-6; Testimony of Mr. Dixon; Exhibit 1, page 7; Exhibit 3, Application. 13. The CUP application was routed to City review agencies for comments on compliance with City requirements. The Fire Department noted that the frequencies used by Cingular and Sprint could potentially interfere with the frequency of the emergency service signal used by the Fire Department, as has previously happened with Nextel. A condition of approval is necessary to ensure that the project reduces the possibility of or avoids signal interference and that the Applicant submits a contingency plan in the event that signal interference occurs for approval by the Fire Department. Exhibit 1, page 6; Exhibit 13. 14. The Applicant submitted a "Notice of Construction" application to the Federal Aviation Administration (FAA). FAA approval of the proposed WCF is pending. Based on experience with similar facilities, the Applicant reports that the FAA may require warning lights to be installed. Such warning lights would likely consist of two steady-burning red lights ---------------------------- Ordinance 5905 March 15, 2005 Page 5 (L-810) mounted on the top of the tower would be required to provide aircraft warning in accordance with FAA Chapter 5. The lighting is shown on the (Sprint) project plans. Exhibit 3, Application, Code Compliance; Exhibit 15, notice of Proposed Construction; Exhibit 1, page 4. A condition of approval is necessary to ensure that the Applicant submits the FAA determination in response to the application to the City. 15. At the time a third wireless provider should co-locate onto the proposed light pole, no new application for CUP would be required. The third carrier would be required to apply for a building permit and to submit site plans depicting the proposed antenna array as well as conversion of the picnic shelter for use as an accessory equipment storage area. Testimony of Mr. Dixon; Testimony of Mr. Scamporlina. 16. The City of Auburn, acting as lead agency for review of environmental impacts caused by the proposal, issued a Determination of Nonsignificance (DNS) on February 1, 2005. No appeal was filed prior to expiration of the appeal period on February 22, 2005. Testimony of Mr. Dixon; Exhibit 9, DNS. 17. The City provided reasonable notice of the February 23, 2005 public hearing. No public comments were submitted. Testimony of Mr. Dixon; Exhibits 5, 6, 7, and 8. Conclusions Based on Findinas 1. The proposed use is permitted within the zone. The requested antenna arrays placed on an existing athletic field light standard are a Type 1-D wireless communications facility. Type 1-D wireless communications facilities are permitted in the P-1 zoning district. The requested height increase is allowed in the P-1 district. Findings of Fact Nos. 3, 4, and 5. 2. The project will not harm property or improvements in the surrounding area and will not have an adverse effect on the health, safety, or comfort of persons living or working in the area. Game Farm Park is a 33.5-acre pUblic park that contains many light poles. The 24-foot incremental increase in height of one pole will not adversely impact surrounding properties. Changes to the views of surrounding ------------------------- Ordinance 5905 March 15, 2005 Page 6 properties will be minimal. The project will not create noise above allowed City standards and will not create odor or light intrusion. Wireless service coverage will be increased for the area. Findings of Fact Nos. 2, 6, 8, 10, 12, and 16. 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. Co-location of two to three wireless carriers' antenna arrays on top of an existing athletic field light pole within an area designated 'Public and Quasi Public' is in accordance with the Comprehensive Plan. Findings of Fact Nos. 3 and 9. 4. The proposal complies with all requirements of the Zoning Code. The Applicant has demonstrated that the requested increase in the height of an existing athletic field light standard satisfies the criteria of the zoning code. Findings of Fact Nos. 3, 4, 5, and 11. 5. With conditions, the project will be harmonious in design, character, and appearance with the existing character of the general vicinity. As conditioned, the increase in height of the existing athletic field light standard will be harmonious with other uses in the area. Trees and topography will help to shield the incremental height increase from the view of nearby residential development. Conditions of approval will ensure that the design of the accessory equipment structure is consistent with the character of other similar structures within the park and that the increased pole height is consistent with surrounding aviation uses. Finding of Fact No.2, 6, 7, 8, 10, 12, and 14. 6. The proposal will not adversely affect the public infrastructure. There will be no traffic impacts and no adverse effect on infrastructure. A condition of approval will ensure that the WCF does not interfere with emergency services signal frequency. Findings of Fact Nos. 12 and 13. 7. The proposal will not cause or create a public nuisance. No concerns were presented at hearing that approval will cause or create a public nuisance. Finding of Fact No. 12. DECISION For each of the above reasons, the Hearing Examiner recommended approval of the Conditional Use Permit to the Auburn City Council, subject to conditions set forth below: ---------------------------- Ordinance 5905 March 15, 2005 Page 7 1. Prior to building permit issuance, the Applicant shall submit evidence to the satisfaction of the Fire Department that the operation of the wireless communication facility will not interfere with the City's emergency communications. The documentation shall indicate remedial measures that will be undertaken by the Applicant/operator in the event that a conflict occurs in the future. 2. Prior to building permit issuance, the Applicant shall submit building permit application demonstrating that the proposed building will be similar in appearance and design to other park buildings. The new building shall have a pitched roof and similar exterior building materials and colors as determined by the Planning and Parks Directors. 3. Prior to building permit issuance, the Applicant shall submit to the City the FAA response to the Applicant's Notice of Proposed Construction or Alteration (Exhibit 15). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit for a Type 1-D wireless communications facility and associated radio equipment to be stored in an enclosed structure adjacent to field three of Game Farm Park at 3030 R Street, Auburn, Washington, on property legally described in Exhibit A attached and incorporated herein, is hereby approved. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of ___~__w____________________ Ordinance 5905 March 15, 2005 Page 8 the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recordina. 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, Division of Records and Elections. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ---------------------------- Ordinance 5905 March 15, 2005 Page 9 Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk ---------------------------- Ordinance 5905 March 15, 2005 Page 10 ORDINANCE NO. 5905 EXHIBIT A LEGAL DESCRIPTION: Gove=ent Lot U ef s.o:tion 2.9, Townall1p 21 Nortt., I!aDge 5 East, II.M., in King County, W"s!WJgton, EXCIi!JIT tbe Nœtb 60 feet as conveyed te King =ty Joy deed recorded und:$J; Recording .NO'.. 269GSS7; ANJj EXCBP'1' tbat portion conVeyed to l:be city of JWf>1n'n by deed ","ooxded under Recording No. 58.96.174/ !"""""""'" I!:l'l'!! vacated Jcs. Bræm<m Road iTo. 318. a. ....cated under City of Seattle Ordinance Ne. 180G,.MOO upon vaœt:ion atta.oh....ad to súd property by operation œ ~aw. . Situate in l:be County of 1dDg', State of Washington. = POR INFORII.I\1'IONAL PUlU'OSES OIlLY: '1'!!e foUowing may be uaed as an lIþ.bre.1¡ieted legal dascrlpt10n on 1:11<0 documents to be :rec<m!Iod, pù amended RCW õ5. 04. said. abbreviated :I.egal des<:r1pdon is 'not ... substitnte for a coçlete legaJ. d4s=ipt.ion witbin !:be body of the do"""""'t. . Pt:n GL n. 29-21-5 '1'!ds p:rópeJ:ty is located. in King COunty. Recording to be delivered to, Fil!elity National Title co., 720 oU.... Way 1515, Seattle, I\!A. 98.101 --. - '".- -~..._-- ..--.. . ·__·e.._..._.·.._.__. .....---- -.- ,..-- * .~ '" "~ ÆCITYOF ~"<'~ * 1.1 '"'~ß~ ~~'U"~ ^^"RN^^"':' . .~ -0 W" ... __ ""'. ".:,-,_ ô'-' ';;>; .':" :c: .., <pJ .«(3 , ~ ~~~,<ii" WASHINGTON Peter B. Lewis, Mayor 25 WØ$I Main Streel * Auburn WA 98001-4998 * www.cl.aubum.wa.us * 253-931-3000 March 9, 2005 JUSTIN ABBOTT VIA FACSIMILE THE ALARIS GROUP SPRINT PCS & CINGULAR WIRELESS 1530 WESTLAKE AVENUE NORTH #600 SEATTLE WA 98109 2063221753 RE: APPLICATION NO. CUP04-0007 Dear Justin: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on February 23, 2005. The City Council will consider your request on March 21, 2005 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Councilmembers might have regarding your proposal. Following the conclusion of the City Council meeting, you must return the pubiic notice sign to the City of Auburn Planning and Community Development Department. If the board is not returned or is not legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The replacement fee must be paid prior to the issuance of any permit, license or any other approval required by the City of Auburn that is related to subject property. If you have any questions regarding the attached, please give us a call. Sincerely, (ftut "~{U¿M) rtJ Paul Krauss, AICP Director PK:pz Attachment cc: Dan Scamporlina, Auburn Parks and Recreation Department Building Department Public Works Department City Clerk AUBURN * MORE THAN YOU IMAGINED BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) ) Justin Abbott ) ) ) ) For Conditional Use Permit ) ) NO. CUP04-0007 Cingular Wireless and Sprint PCS FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the Auburn City Council that a Conditional Use Permit (CUP) for a Type l-D wireless communications facility and associated radio equipment to be stored in an enclosed structure adjacent to Field 3 of Game Fann Park at 3030 R street SE in Auburn, Washington be APPROVED, subject to conditions. SUMMARY OF RECORD Request Justin Abbott, on behalf of Cingular Wireless and Sprint PCS, (Applicant), requests approval of a Conditional Use Permit (CUP) to replace an existing 80-foot high athletic field light standard with a 104-foot high steel light standard to support two antennae arrays for wireless communications facilities and to allow associated radio equipment to be located in a nO-square foot enclosed structure at the foot of the new standard. The subject property is on Field 3 of Auburn's Game Fann Park at 3030 R Street SE in Auburn, Washington. Hearing Date The Hearing Examiner for the City of Auburn held an open record public hearing on February 23,2005. Testimony The following individuals presented testimony under oath at the open record public hearing: Jeff Dixon, City of Auburn Planner Justin Abbott, AppJicant Representative Dan Scamporlina, City of Auburn Parks and Recreation, Parks Development Manager Exhibits The following exhibits were admitted at the open record pubJic hearing: Exhibit I: City of Auburn Planning Department Staff Report, dated January 21, 2005 Exhibit 2: Vicinity Map Exhibit 3: Completed Conditional Use Permit Application Exhibit 4: 2001 Aerial photograph of site Exhibit 5: Public Notice Exhibit 6: Affidavit of Posting Exhibit 7: Affidavit of mailing Exhibit 8: Acknowledgement of request to publish Exhibit 9: Determination of Non-Significance (DNS) File No. SEP04-0021, issued February 1,2005 Exhibit 10: Auburn Game FannlMariner Sprint Light Pole Replacement Drawings, Sheets Tl, GI, CI, Al - A7, EI - E3.2, and SI - S2, Hall Architecture, February 3, 2005 Exhibit II: Red Stapler/Cingular Light Pole Replacement Drawings, Sheets T-I, G-I, C-I, Al - A7, EI - E3.2, and QI, Hall Architecture, February 3, 2005 Exhibit 12: WA-914-01 Red Stapler/Cingular Photo Simulations of Monopole, Hall Architecture Exhibit 13: Letter by Sprint Radio Frequency Engineer and coverage maps, dated August 30, 2004 Exhibit 14: Letter by Cingular Radio frequency Engineer and coverage maps, dated August 27,2004 Exhibit 15: Completed FAA Notice of Construction or Alteration, AFL Communications Exhibit 16: Acoustic Report 3030 R Street, Auburn WA 98092, SSA Acoustics, September 7, 2004 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS I. The Applicant requests approval of a Conditional Use Pem1Ìt (CUP) to replace an existing 80-foot high wooden athletic field light standard with a 104-foot high steel light standard to Justin Abbott, Alan's Group LLe, CUP04-0007 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 2 018 support two antennae arrays for wireless communications facilities.' The proposal includes the request to allow associated radio equipment to be located in a nO-square foot enclosed structure at the foot of the new standard. The existing light standard is located on the outfield of baseball field 3 of Auburn's Game Farm Park at 3030 R Street SE in Auburn, Washington.2 Exhibit 1, page 1; Exhibit 2, page 1; Exhibit 3, page 1. 2. Auburn's Game Farm Park is a 33.5-acre municipal park currently owned by Washington State Parks Department.] The City of Auburn (the City) is currently in negotiations to acquire the property from the state. The park includes three baseball fields, soccer fields, basketball courts, tennis courts, parking, and other facilities. Exhibit 4, Site Aerial photo; Exhibit 1, Staff Report, page 1. The proposed wireless communications facility (WCF) would be in an area that is lawn and would be outside the existing outfield fence and gravel track on field 3. The specific site of the project is in the central north portion of the park, such that the use would be surrounded by the park to the south, east, and west. North of the site across Riverwalk Drive SE is a single-family residential area. Exhibit 4; Exhibit 1, page 1. The closest residence is located approximately 220 feet fÌ"om the proposed antenna location. Exhibit 16. The light pole is behind the fifteen foot high scoreboard. Tall trees block views of the light standard and scoreboard fÌ"om the view of the closest reisdential development. A densely wooded hill rises fÌ"om the grade of the park directly adjacent to the proposed antenna location, further obscuring the view of the proposed antenna fÌ"om surrounding residential development. Exhibit I, page 3; Testimony of Mr. Dixon; Exhibit 4; Site view. 3. Game Farm Park is zoned Public Use (P I), which is consistent with the "Public and Quasi- Public" Comprehensive Plan land use designation for the site. Exhibit 1, page 1. The intent of the P-I district is to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. ACC 18.40.010. 4. Maximum structure height in the PI district is 45 feet. ACC 18.40.040(F). Exceptions to the maximum structure height are allowed for certain types of structures, including athletic field light standards, with CUP approval. ACC 18.48.030(A)(5)(b). 5. The Auburn City Code distinguishes between different types ofWCFs. Wireless antennae located on existing water towers, athletic field light poles, or similar public utility structures that are not located within a public right-of-way are defined as Type I-D wireless communications facilities. Height restrictions for Type I-D antennae are as follows: 10% increase in the existing structure height is allowed without permit; 20% increase in existing ] Wireless communications facility (WCF) means any non-staffed facility for the transmission and/or reception of wireless telecommunications services, typically consisting of an antenna array, an equipment facility and/or a support structure. ACC 18.04.912(J). 2 The iegal description is a portion of the northwest quarter of Section 29, Township 21 North, Range 5 East, W.M. Exhibit 1, Staff Report. page 1. 3 The CUP application is signed by Javier Figueroa, Lands Program Manager for the Stite Parks Department. Justin Abbott. A/aris Group LLC, CUP04-0007 City Qf Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 3 of8 structure height is allowed with approval rrom the planning director; and, 30% increase in existing structure height is allowed with approval CUP. ACC 18.04.912. Based on this definition, the proposed project is a Type 1-0 WCF. Exhibit 3, Application, page 2; Exhibit I, page 3. In addition, the proposed antenna use of the existing light standard is defined as a secondary use, as the athlectic field lìghting would remain the primary use. A CC 18.04.912(1)(3). Type 1-0 WCFs are a permitted use in the P-l district. ACC 18.40.020; Testimony of Mr. Dixon. 6. The proposed WCF would be located within a lease area approximately of38 by 22-feet. The project would increase an existing pole by 24-feet, or 30%. The existing 80-foot wooden light pole would be replaced with a 104-foot steel pole with two sets of antenna brackets, one each for Cingular Wireless and Sprint PCS. Each carrier would have three sets of antennas mounted on three sides of the pole. Cingular's antennae would be located on the pole between 94.5 and 104 feet up, and would be 104 inches by 5.3 inches in area. Sprint PCS' antennae would be located on the pole between 87.7 and 92.3 feet in height, and would measure 60 inches by eight inches. There would be space on the pole for future co-location by a third wireless carrier below the Sprint antenna array. The athletic field lìghts would be removed and replaced on the new steel pole at the same height and orientation they occupied prior to construction. The pole and all exposed antennae, coaxial cable, and mounting hardware would be painted a light gray color to blend in with the predominant color of the surrounding sky. Exhibit 3, Application; Exhibit 10, Sprint RevisedjinaI constmction drawings; Exhibit II; Cingular revisedjinal constmction drawings. 7. The Applicant proposed construction of a 36 by 20-foot accessory equipment building. Each proposed carrier would occupy an enclosed 12 by 20-foot area within the enclosed structure. A third 12 by 20-foot space within the equipment structure would be created for use by a future third carrier. The Applicant proposes to develop the third portion of the equipment structure as a partially enclosed picnic area, until a third wireless carrier locates on the proposed pole. The individual equipment enclosures would house electrical equipment supporting the antennae above. Exhibit 3. Application, Project Proposal; Exhibit I, page 4; Testimony of Mr. Abbott. 8. The accessory equipment would include the use of cabinet fans attached to thermostats within each equipment unit. The fans would not operate continuously, but only when the temperature within the equipment structure triggered their operation. The Applicant submitted an acoustical report documenting the results of a noise survey performed in the vicinity of the proposed antenna arrays. The report studied at what volume noise rrom the project would be heard at the receiving property lines. The report indicated that the predicted sound pressure from the fans at receiving property lines would reach 32.8 dBO. City planning staff indicated that the predicted noise levels fall within the allowed daytime and nightime noise standards tòr the City. Exhibit 16, Acoustical Reportfrom SSA Acoustics; Exhibit I, page 5. Justin Abbott, Alaris Group LLC, CUP04-0007 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 4 0(8 9. Chapter 14 ofthe Comprehensive Plan indicates the purpose of the subject property's 'Public and Quasi Public' land use designation is "to designate areas of significant size needed to provide public and quasi public uses to the community." The City's Comprehensive Plan recognizes private utilities as providing important and necessary services to the community and encourages private utilities to bring services to an neighborhoods and an segments of the Auburn population. The Comprehensive Plan specifically promotes the location of antennae on existing poles, structures, or buildings whenever possible for the purpose of reducing visual clutter. Exhibit 1, pages 4-5; Testimony of Mr. Dixon. 10. Aside from temporary impacts to field 3 during construction, it is not anticipated that the proposed increase in pole height would create any adverse impacts to people, property, existing uses in the vicinity, or the public health and safety. Game Fann Park contains many existing light poles. The Applicant submitted photo simulations depicting before and after views of the extended light pole. These simulations demonstrate that the 24-foot increase in height in one pole would not impact views from nearby properties. Intermittent noise created by the accessory equipment would be within accepted standards. The project would not cause an increase in traffic, odors, or glare. Existing vegetation in the vicinity would help to screen the proposed increase in pole height. A condition of approval is necessary to ensure that the exterior building appearance of the accessory equipment structure maintains a ~ hannonious relationship between the project and the existing character of Game Fann Park. The project will improve cellular service coverage in an area of Auburn that currently experiences frequent interruptions in service. Exhibit 1, pages 4-6; Exhibits 13, 14, and 16. II. The Applicant would be required to apply for a building pennit prior to construction. Building pennit approval would address compliance with zoning, fire code, and building standards. Exhibit 1, page 6; Testimony of Mr. Dixon. 12. The proposed WCF would connect to existing electrical and telephone services and would share existing driveways and parking areas on site. While the project includes construction of a four-foot wide, 220-foot long asphalt path leading to the equipment structure, it would not create additional access to public streets. The record contains no indication that the project would result in adverse impacts on surrounding infrastructure or in a public nuissance. Exhibit 1, pages 4-6; Testimony of Mr. Dixon; Exhibit 1, page 7; Exhibit 3, Application. 13. The CUP application was routed to City review agencies for comments on compliance with City requirements. The Fire Department noted that the frequencies used by Cingular and Sprint could potentially interfere with the frequency of the emergency service signal used by the Fire Department, as has previously happened with Nextel. A condition of approval is necessary to ensure that the project reduces the possibility of or avoids signal interference and that the Applicant submits a contingency plan in the event that signal interference occurs for approval by the Fire Department. Exhibit 1, page 6; Exhibit 13. Justin Abbolt, Alaris Group LLC, CUP04-0007 City of Auburn Hearing Examiner Findings, Conclusions. and Recommendation Page 5 of8 14. The Applicant submitted a "Notice of Construction" application to the Federal Aviation Administration (FAA). FAA approval of the proposed WCF is pending. Based on experience with similar facilities, the Applicant reports that the FAA may require warning lights to be installed. Such warning lights would likely consist of two steady-burning red lights (L-81 0) mounted on the top of the tower would be required to provide aircraft warning in accordance with FAA Chapter 5. The lighting is shown on the (Sprint) project plans. Exhibit 3, Application, Code Compliance; Exhibit 15, notice of Proposed Construction; Exhibit 1, page 4. A condition of approval is necessary to ensure that the Applicant submits the FAA determination in response to the application to the City. IS. At the time a third wireless provider should co-locate onto the proposed light pole, no new application for CUP would be required. The third carrier would be required to apply for a building permit and to submit site plans depicting the proposed antenna array as well as conversion of the picnic shelter for use as an accessory equipment storage area. Testimony of Mr. Dixon; Testimony of Mr. Scamporlina. 16. The City of Auburn, acting as lead agency for review of environmental impacts caused by the proposal, issued a Detennination of Non significance (DNS) on February 1,2005. No appeal was filed prior to expiration of the appeal period on February 22,2005. Testimony of Mr. Dixon; Exhibit 9, DNS. 17. The City provided reasonable notice of the February 23, 2005 public hearing. No public comments were submitted. Testimony of Mr. Dixon; Exhibits 5, 6, 7, and 8. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on a conditional use pennit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use pennit pursuant to ACC 18.64.050. Criteria for Review Pursuant to ACC 18.64.040, to recommend approval of a conditional use pennit, the Hearing Examiner must find that: I. The proposed use is pennitted within the zone; 2. 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 area than would any use generally pennitted in the district; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; Justin Abbott, Alar;s Group LLC, CUP04-0007 C;ty of Auburn Hear;ng Examiner Findings, COllc!usioll.''ì, and Recommendation Page 6 of8 4. The proposal complies with all requirements of Title 18 (Zoning); 5. The proposal can be constructed and maintained so as to be hannonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 1. The proposed use is permitted within the zone, The requested antenna arrays placed on an existing athletic field light standard are a Type I-D wireless communications facility. Type l-D wireless communications facilities are pennitted in the P-l zoning district. The requested height increase is allowed in the P-l district. Findings of Fact Nos. 3, 4, and 5. 2. The project will not harm property or improvements in the surrounding area and will not have an adverse effect on the health, safety, or comfort of persons living or working in the area. Game Fann Park is a 33.5-acre public park that contains many light poles. The 24-foot incremental increase in height of one pole will not adversely impact surrounding properties. Changes to the views of surrounding properties will be minimal. The project will not create noise above allowed City standards and will not create odor or light intrusion. Wireless service coverage will be increased for the area. Findings of Fact Nos. 2, 6.8, 10, 12, and 16. 3. The proposal is in accordance with the goals, policies, and objectives ofthe Comprehensive Plan. Co-location of two to three wireless carriers' antenna arrays on top of an existing athletic field light pole within an area designated 'Public and Quasi Public' is in accordance with the Comprehensive Plan. Findings of Fact Nos. 3 and 9. 4. The proposal complies with all reqnirements of the Zoning Code. The Applicant has demonstrated that the requested increase in the height of an existing athletic field light standard satisfies the criteria of the zoning code. Findings o.fFact Nos. 3, 4, 5, and 11. 5, With conditions, the project will be harmonious in design, character, and appearance with the existing character of the general vicinity. As conditioned, the increase in height of the existing athletic field light standard will be hannonious with other uses in the area. Trees and topography will help to shield the incremental height increase from the view of nearby residential development. Conditions of approval will ensure that the design of the accessory equipment structure is consistent with the character of other similar structures within the park and that the increased pole height is consistent with surrounding aviation uses. Finding of Fact No.2. 6, 7,8, 10. 12, and 14. Justin Abbott, Aloris Group LLe. CUP04-0007 City of Auburn Hearing Examiner Findings, Conclusions. and Recommendation Page 70/8 6. The proposal will not adversely affect the public infrastructure. There will be no traffic impacts and no adverse effect on infrastructure. A condition of approval will ensure that the WCF does not interfere with emergency services signal frequency. Findings of Fac/ Nos. 12 and 13. 7. The proposal will not cause or create a public nuisance. No concerns were presented at hearing that approval will cause or create a public nuisance. Finding of Fact No. 12. RECOMMENDA nON Based upon the preceding Findings and Conclusions, the request for CUP to replace an existing SO-foot high athletic field light standard with a 104-foot high steel light standard to support antennae arrays for wireless communications facilities, and store associated radio equipment in an enclosed structure at the foot of the new standard, adjacent to Field 3 of Game Farm Park at 3030 R street SE in Auburn, Washington be should be APPROVED, subject to the conditions below. I. Prior to building permit issuance, the Applicant shall submit evidence to the satisfaction of the Fire Department that the operation of the wireless communication facility will not interfere with the City's emergency communications. The documentation shall indicate remedial measures that will be undertaken by the Applicantloperator in the event that a conflict occurs in the future. 2. Prior to building permit issuance, the Applicant shall submit building pennit application demonstrating that the proposed building will be similar in appearance and design to other park buildings. The new building shall have a pitched roof and similar exterior building materials and colors as determined by the Planning and Parks Directors. 3. Prior to building pennit issuance, the Applicant shall submit to the City the FAA response to the Applicant's Notice of Proposed Construction or Alteration (Exhibit 15). Decided this 2nd day of March 2005. Sharon A. Rice City of Auburn Deputy Hearing Examiner Justin Abbott, Alaris Group LLC, CUP04-0007 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 8 of8 REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than March 16, 2005. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their March 21, 2005, meeting. At the March 21, 2005, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. CI1Y OF "",".m*_/ ~",..¡;;.' _~.=",,,"i;>"'-* ,;aÞ" WASHINGTON HEARING EXAMINER MINUTES FEBRUARY 23. 2005 The regular meeting of the Auburn Hearing Examiner was held on February 23,2005 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: Hearing Examiner: Sharon Rice, Driscoll-Hunter Staff: Steve Pilcher, Jeff Dixon, Dan Scamporlina, Costa Philipides and Patricia Zook Sharon Rice called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in staff and those in the audience intending on testifying. Public Hearina: 1. ApDlication No. CUP04-0007 The request of Washington State Parks Development Service Center on behalf of Cingular and Sprint for a conditional use permit to locate a wireless communications facility (WCF) on an athletic field light in a P1 (Public Use) zoning district. The proposal is to increase the height of the existing structure by 30 percent within the Auburn Game Farm Park located at 3030 R Street SE. Auburn City Code (ACC) section 18.04.912 defines such a proposal as a Type 1-D wireless communications facility. Hearing Examiner opened the public hearing and reviewed the list of exhibits. Senior Planner Dixon presented the staff report and announced that only the applicant is present in addition to City staff. The request is to replace the existing 80-foot high athletic field light standard with a 1 04-foot high steel light standard to support two antenna arrays. Associated radio equipment is proposed within a new 720 square foot equipment building located adjacent to the base of the light pole. He briefly reviewed the fourteen findings of fact and five conclusions. Hearing Examiner confirmed that the Comprehensive Plan recommends wireless communication facilities placement on existing facilities. Senior Planner Dixon stated the applicant submitted detailed analysis and will receive building and construction permits for the project. The proposal is less visually intrusive than erecting a new pole. The City does encourage colocation of wireless communication facilities. Justin Abbott, representative for Cingular and Sprint Wireless, said the replaced light structure will be steel and painted light grey to blend in with the predominant coiors of the northwest sky. Like their other facilities in the City, they will allow future colocation. The equipment housing cabinet area will allow the placement of another carrier's equipment. He provided details on the size of the antenna which is 8 inches wide, 60 inches long, 2 % inches deep, panel antenna, which is the least obtrusive design possible. The panel antenna technology is improving rapidly and is the design now favored by engineers. He reviewed the conditions and has no objections. In response to Hearing Examiner inquiries, JA said that warning sign placards are required by the FCC and are placed outside the equipment enclosure. Sprint and Cingular will each have a notice. Any emissions actually come from the antenna not the equipment so park patrons are completely safe. The light standards are registered with the FAA and a metal tag attesting to this is placed on the pole. The equipment cabinets will have fans which operate intermittently to regulate the temperature inside the cabinets so that the equipment operates effectively. Senior Planner Dixon affirmed that a third carrier would also be required to obtain a conditional use permit. HEARING EXAMINER MINUTES DATE Dan Scamporlina, Parks Development Manager, reiterated their support of the applicant's request. Hearing Examiner closed the public hearing and will issue the written decision within 10 days. Adiournment: With no further items to come before the Hearing Examiner, the meeting was adjourned at 7:30 p.m. HE\AGNDlMIN 02-2005 PAGE 2 ~ . Aaenda Subiect: Department: Planning CITY OF AUBURN AGENDA BILL APPROVAL FORM Public Hearing Application No. CUP04-0007 Attachments:See Exhibit List Budaet Impact: Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the Findin s of Fact, Conclusions and Conditions as rovided below. ac groun ummary: REPORT OF FACTS: OWNER/APPLICANT REQUEST: LOCATION: EXISTING ZONING: EXISTING LAND USE COMPREHENSIVE PLAN DESIGNATION: SEPA STATUS: The property is owned by the Washington State Parks Department and is used by the City as a municipal park under agreement with the State Parks Department. The application is being requested by Justin Abbott of the Alaris Group LLC on behalf of Sprint and Cingular Wireless. Conditional Use Permit to replace the existing 80-foot high athletic field light standard with a 104-foot high steel light standard to support two antenna arrays. Associated radio equipment is proposed within a new 720 square foot equipment building, located adjacent to the base of the light pole. The area of the proposed construction is located within the approximately 33.5-acre Game Farm Park at 3030 R Street SE. The project location is approximately 1,200 feet southeast of the intersection of Rand Riverwalk Drive SE., within the NW quarter of Section 29, Township 21 North, Range 5 East, WM. P1, Public Use Municipal Park "Public Quasi-Public" Determination of Non-Significance (DNS) File No. SEP04-0031 issued February 1, 2005 ZONING AND LAND USE DATA IN THE VICINITY: North South East West Existina Zonina R2 P1 P1 P1 Existinq Land Use Across Riverwalk Dr SE Park land Park land Park land Comprehensive Land Use Plan Desia nation Single Family Residential Public1Quasi-Public Pu blic/Quasi-Pu blic Public1Quasi-Public eVlewe Y DunCI omml ees ommlSSlons: Arts Commission Council Committees: --r Hearing Examiner Finance - Human Resources - Municipal Services - Planning & CD - Planning Commission Staff: Dixon IVISlons: x M&O - Mayor --x- Parks - Human Resources - Police Finance --x- Legal EXHIBIT 1 Meeting Date: February 23, 2005 Page: ~ CITY OF AUBURN AGENDA BILL APPROVAL FORM .. AQenda Subiect: Public Hearing - Application No. CUP04-0007 List of Exhibits: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exh ibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Date: January 21 2005 Staff Report Vicinity Map Completed CUP Application 2001 aerial photograph of the site Public Notice Affidavit of posting Affidavit of mailing Acknowledgement of request to publish Determination of Non-Significance (DNS) File No. SEP04-0031 issued February 1, 2005 Auburn Game Farm/Mariner Sprint Light Pole Replacement Drawings, Sheets T1, G-1, C- 1, A1 - A6, E1-E3.3 and S1-S2 Hali Architecture, February 3, 2005 Red StaplerlCingular Light Pole Replacement Drawings, Sheets T1, G-1, C-1, A1 -A7, E1-E3.2 and Q1 Hali Architecture, January 18, 2005 WA-914-01 Red StaplerlCingular Photo Simulations of Monopole, Hali Architecture Letter by Sprint Radio Frequency Engineer and coverage maps, dated August 30, 2004 Letter by Cingular Radio frequency Engineer and coverage maps, dated August 27, 2004 Completed FAA Notice of Construction or Alteration, AFL Communications Acoustic Report 3030 R Street, Auburn WA 98092, SSA Acoustics, September 7, 2004 FINDINGS OF FACT 1. Justin Abbott of the Alaris Group, as representative of Sprint and Cingular Wireless, has applied for a conditional use permit to replace the existing 80-foot high athletic field light pole with a 104-foot steel light standard to support two antenna arrays. Associated radio equipment is proposed to be located within a new, 720-square-foot equipment building, adjacent to the base of the light pole. The construction is proposed within the City's Game Farm Park. 2. The wireless communication facility is proposed on property that is developed as a municipal park on land that is owned by Washington State Parks Department. The municipal park was aliowed on state property by a previous agreement. The City is currently in negotiations to acquire the property from the State. The conditional use permit application form submitted to the City is signed by a representative of the State Parks Department, Javier Figueroa, Lands Program Manager. 3. The property is zoned P1, Public Use. The P1 (Public Use) zoning district is predominantly oriented to government and similar community oriented uses. The specific area of the project construction is proximate to a basebali outfield (field No.3) and a basketbali court. 4. The maximum structure height in the P1, public use zoning district is generaliy 45 feet. (ACC 18.40.040(F)). However, the provisions of this zoning district allow certain types structures to exceed this height under limited circumstances. More specifically, ACC 18.40.030 provides that certain structures may exceed the height when a conditional use permit has been issued pursuant to ACC 18.48.030(A)(5). This section provides: Staff: Dixon Meeting Date: February 23, 2005 Page: 2 " CITY OF AUBURN AGENDA BILL APPROVAL FORM Aaenda Subiect: Public Hearing - Application No. CUP04-0007 I Date: January 21, 2005 I . 18.48.30 Height limitations A. Exceptions. The following buildings and/or structures are exempt of the height requirements of this title; in no case does this lessen any height restrictions that relate to the municipal airport: 5.(b). Athletic field or playground lighting under the jurisdiction of the City or other public agency. This exemption is limited to the P-l or LHPI, public use zone, only and its provisions. 5. Under the City's definitions related to wireless communication facilities (WCF), ACC 18.04.912, the code defines and distinguishes between the different types of WCF allowed. Related to this request it provides the following definition: I-D. Antenna located on existing water towers, athletic field light poles, or similar public utility infrastructure not located within public street right-of-way. The height limitation of the WCF will be 10 percent of the existing structure height, but may be increased to a maximum of 20 percent with an administrative use permit and may be increased to a maximum of 30 percent with a conditional use permit. The height limitation of the zoning district may be exceeded relative to the above provisions allowed for a l-D facility. The proposal therefore constitutes a Type I-D wireless communication facility and the proposed installation of a 104-foot light pole represents a 30 percent increase in height (24 feet) above the existing pole height of 80 feet that is therefore subject to the Conditional Use Permit. 6. Also, pursuantto definitions provided atACC 18.04.912(1) the light pole is considered a secondary support structure since its chief purpose is as a light pole. Lattice towers and monopoles for WCF are considered primary support structures. 7. More specifically, according to the application, the applicant proposes to construct the wireless communication facility within a 38- by 22-foot lease area (836 square feet) within the north central portion of the park between a baseball field, to the west and a trail and basketball court to the east. The WCF would be located within an area that is currently lawn and located east and outside of the baseball outfield fence and associated gravel track. A few scattered trees are located east of the proposed WCF. The WCF would be located south of the existing 15-foot high scoreboard and associated electrical vault. The electrical vault is proposed to be relocated to accommodate underground coaxial cable to be installed between the pole and accessory equipment building. The proposed construction would include replacing the existing 80-foot wooden light pole with a 104-foot metal pole. The pole will have two sets of antenna brackets; one set for each wireless carrier. And each set will consist of three antennas mounted on three sides of the pole. The three antennas for Cingular will be mounted at a height between 95.4 and 104 feet, and the three antennas for Sprint will be mounted between 87.7 and 92.3 feet in height. The antenna for Cingular measure 104 inches by 5.3 inches. The antenna for Sprint measure 60 inches by 8 inches. The field lights will be removed and replaced on the pole at the same height and orientation as before. The pole and all exposed antennas, coax cable and mounting hardware will be painted a light gray color. Staff: Dixon Meeting Date: February 23, 2005 Page: 3 ! CITY OF AUBURN AGENDA BILL APPROVAL FORM Aoenda Subiect: Public Hearing - Application No. CUP04-0007 I Date: January 21, 2005 . 8. According to the application, the project would also include the construction of 36 by 20 foot (720 square feet) multiple carrier accessory equipment building. The accessory equipment building would consist of two radio equipment areas, one for each wireless service provider, occupying an enclosed 12- by 20-foot (240 square feet) within the northern portion of the structure. The southern portion of the structure would consist of a 12- by 20-foot (240 square feet) partially enclosed area for a picnic shelter or future third wireless service equipment area. The building is proposed to be concrete slab on grade with corrugated metal siding and standing seam metal roof. The building is designed to be compatible with other on-site park buildings. 9. According to the application materials, the project construction outside the immediate vicinity of the leased area includes an approximately 220-foot length of four-foot wide asphalt trail leading to the building. Also underground telephone and electrical lines will be ex1ended from existing lines in adjacent rights-of-way and parking areas to the building. 10. The vehicle access to the proposed WCF would utilize the existing driveways and parking stalls within the park. 11. The applicant indicates that the Federal Aviation Administration (FAA) approval of the WCF is pending pursuant to their "Notice of Construction" application (Exhibit 15). Based on their experience with similar facilities, the applicant indicates that if lighting is required by the FAA, two steady-burning red lights (L-810) mounted on the top of the tower would be required to provide aircraft warning in accordance with FAA Chapter 5. The lighting is shown on the (Sprint) project plans. 12. The applicant will be required to obtain City building permits for the proposed construction. Building permits are required for the construction of the building and pole and will address the project's consistency with Building and Fire code requirements and City construction standards. 13. On February 1, 2005, the SEPA responsible official issued a Final Determination of Non-Significance (DNS) for the proposed WCF. 14. The contents of the case file, CUP04-0007 are available to supplement the record in response to issues or concerns that may be raised after preparation of this report or during the hearing process. CONCLUSIONS Staff has concluded that the conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in ACC Section 18.64.040. 1. 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 area, than would any use generally permitted in the district. It is not anticipated that the installation of the WCF and the associated increase in the height of the pole will cause any adverse effects to persons, property or improvements in the surrounding area. The land use (municipal park) and the lighting poles already exist and the proposal seeks an incremental increase in the height of one of the many poles that exist on the property. The proposal is not anticipated to affect persons using the park except possible temporary disruption in the immediate vicinity during construction. According to the Staff: DIxon Meeting Date: February 23, 2005 Page: 4 ! CITY OF AUBURN AGENDA BILL APPROVAL FORM Aoenda Subiect: Public Hearing - Application No. CUP04-0007 I Date: January 21, 2005 , application materials, the equipment building is designed to be compatible with other site buildings and is proposed to, at least initially, contain a picnic shelter to assist in park compatibility. The proposed building will be required to meet City construction standards including international building and fire code requirements. The property is located within the north central portion of the 33.5-acre park. The park is surrounded by single-family neighborhoods to the north and south. A multiple family neighborhood is located to the west and the White River is located to the east and southeast. A Washington State Parks and Recreation Commission, Region 5 Headquarters office is located at the northwest corner of the park (2840 RivelWalk Drive SE). While the park is surrounded by a residential neighborhood, the closest residences to the WCF are those located along R Street SE to the west. and RivelWalk Drive SE, to the north. These nearby residences are currently impacted by traffic due to developed land use pattern and that fact that these street are designated minor arterial streets. The project will not result in adverse noise or odors. The application was accompanied by a noise study that indicates the sound levels originating from operation of the proposed equipment will be 70.1 dBA. The study notes that the nearest residence is approximately 220 feet away and the distance will attenuate the noise to 32.8 dBA which is less than the City's maximum daytime and nighttime noise standards for noise sensitive uses. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed use is located within an area designated as "Public and Quasi-Public" by the Auburn Comprehensive Plan. The stated purpose of the Public and Quasi-public designation from Chapter 14 of the Comprehensive Plan is: "To designate areas of significant size needed to provide public and quasi-public services to the community." Also, the following policies from Chapter 6 the Comprehensive Plan support the request: PU-l Private utility companies are recognized as providers of important services necessary to maintain current and future lifestyles. PU-3 Private utility companies should strive to provide utility services to all segments of the Auburn population and areas of the community. PU-6 To reduce visual clutter, antennas, relay mechanisms and similar structures should be located on existing poles, structures, or buildings whenever possible. When deemed feasible and necessary to minimize impacts on adjacent uses or views by the City, visual screening may be required. PU-7 The City shall consider the environmental impacts of proposed utility facilities as a part of its environmentól review process. When requested by the City, the utility provider shall furnish documentation of current research results and/or provide additional information Staff: Dixon Meeting Date: February 23, 2005 Page: 5 . CITY OF AUBURN AGENDA BILL APPROVAL FORM Aoenda Subiect: Public Hearing - Application No. CUP04-0007 I Date: January 21, 2005 I . related to determining the environmental impacts, if any, of the proposed facilities. The City may require reasonable mitigating measures where appropriate. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal complies or is capable of complying with the Zoning Ordinance. Building permits are required for the construction of the building and pole and will address the project's consistency with Building and Fire code requirements and City standards. 4. 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. With the recommended conditions the proposed WCF will not alter the character of the site in ways that would be inconsistent or inappropriate with the existing character of the uses in the immediate vicinity. As previously noted, the equipment building is designed to be compatible with other site buildings. The City's parks department indicates the Park Board supports the request. The proposed WCF is not anticipated to be visually obtrusive. The photo simulations accompanying the application show that the distance from which the pole can be seen outside the park will minimize the visual effect of the increase in pole height. The pole height as viewed from areas within the park will be minimized by proximity to mature evergreen and deciduous trees that will partially screen views. While the proposed facility will be 30% taller than existing light poles, it will be less visually obtrusive than a new monopole. The proposal also combines multiple carriers into a single WCF, a goal of the City's wireless regulations. 5. The proposal will not adversely affect the public infrastructure. The various City departments have reviewed the conditional use permit application and proposal. Only one issue was raised. The Fire Department noted that there is a potential concern that the frequency of the signal used by wireless service providers could intertere with the frequency of the signal used use emergency service providers (Fire department). This has primarily occurred with Nextel wireless service facilities due to the regulated frequency of their radio transmissions. The issue is currently being resolved by regulations promulgated by the Federal Communications Commission (FCC). The regulations were scheduled to take effect January 21, 2005. The effect of implementation the regulations within the City are not known due to their recent enactment. The Fire Department has recommended that the project be conditioned to reduce or avoid signal interference and provide contingency measures in the event that interference occurs. As conditioned there is no indication that public infrastructure would be affected by the proposal. The project will be required to meet City standards. Staff: Dixon Meeting Date: February 23, 2005 Page: 6 CITY OF AUBURN AGENDA BILL APPROVAL FORM Aaenda Subiect: Public Hearing - Application No. CUP04-0007 I Date: January 21, 2005 . The proposal will utilize existing telephone and electñcal utilities services and the existing driveways and parking areas on- site. Electñcity will be utilized on site to meet lighting and electrical equipment operation needs. The plans submitted to the City include a schematic grounding plan to ensure that the proposed facility is compatible with the existing public facilities. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the conditional use permit request subject to the following conditions: 1. Prior to issuance of permits authoñzing construction, the applicant shall submit evidence to the Fire Department that the operation of the wireless communication facility will not interfere with the City's emergency communications. The documentation shall also indicate remedial measures that will be undertaken by the applicanVoperator in the event that a conflict occurs in the future. 2. Prior to the issuance of construction permits, the applicant shall submit building permit applications demonstrating that the proposed building will be similar in appearance and design to other park buildings. The new building shall have a pitched roof and similar exterior building materials and colors as determined by the Planning and Parks Directors. HEIAPPISTRC04-7 Staff: Dixon Meeting Date: February 23, 2005 Page: 7 · EXHIBIT 2 APPLICATION NO.: APPLICANT: LOCATION: CUP04-0007 Washington State Parks Development Service Center on behalf of Cingular and Sprint 3030 R Street SE (Auburn Game Fann Park) · CONDITIONAL USE PERMIT APPLICATION lJ~)'U/y1C~ D~ ß-v0 wPðLf-()O{)7 PROPERlY OWNER'S NAME APPLICATION NUMBER Sec. Twp. Rng.: Zone Existing: {))t Ý q - f(-iyj Area Code: Request: Scheduled Public Hearing: ~ -a3 -0.£ Date Received: ~ ;[b.¡ {}yL Staff Project Coondinator: **********************-******************************************-*******"'. Do Not Write or Type Above This Line l' APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, QWNER(S) of property numbered opposite my (our) names(s) hereby petition for a Conditional Use Permit for the following use: A Wireless CoÏnn1unicatìons Facilityfor Sprin.t PeS & Cmgwar Wireless. -See attached project dèscription for more details. (Please attach a 1/2 (typed) page explaining your proposed use.) A. How is the property involved in this application more suitable for the Conditional Use Permit than those uses permitted outright in the present zoning classification? The subject property is currently being used as a public recreational facility for the citizens of Auburn. This property is c1assifiedunder the P.l Public Use Zonìng District. which allows a variety of public uses. The proposed wireless communications facility (WCF) use of the property'Î8 compatible with the existing use by utilization of an existing 80-foothigh light standard, amongst several other light standards. as a secondary support structure for WCF antennas. The existing light standard is propoSed to be increased by 30'10 of the existing height (24-feet) to achieVe a structure tall enough to meet the wireless coverage objectives as wen as providing a single structure for two separate wirelessproviders (Cingulat & Sprint). The primary purpose of the replacement light standard will be for illmnînation purposes with the secondary use for WCF purposes; The associated radio equipment is proposed within a new building near the base of the light standard, which will match the architectural composition of the existing buildings on this property. This proposed installation will allow the facility to blend with the existing recreational use of the property wrole providing the much needed wireless services. No other existing structures or towers are within this part of the City of Aubmn, which makes the subject property the best possible candidate to achieve the coverage objectives. The requested WCF use is very small in scale and is much more suitable than other public facilities allowed in this zoning district, such as a sewage treatment plant,. electrical substation, or other simìliar public facilities. EXHIBIT 3 Conditional Use Permit Revised ar2712004 Page 4 of7 · B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? The proposed WCF has been specifically designed to blend with the existing recreational use of the subject property. which will ensure compatibility. Wireless facilities are unlike traditional uses of property that can be lumped in certain zonmg districts or geographical areas due to the way they must operate. Facilities are now being designed to provide indoor coverage to residential customers that can only be achieved by placing the facilities within these residential areas. As the technology advances and usership changes there will be more demand for services at the residential level. Compatibility will be ensured by not introducing a new primary support structme but rather capitalization on existing structures of a significant height The SUlTOunding properties are primarily being used for residential purposes, Surrounding residential/commercial uses will benefit by the increased·service.leve1 of wireless technology as well as providing a better emergency 911 system. Wireless telephones have significanty reduced the response times for vital emergency services such as police, fire, and ambulance. C. Why is this Conditional Use Permit compatible with the existing zoning in the area? The proposed WCF has been designed to camoflauge the facility within the existing public recreational use of the Game Fann Park. Most citizens who use the public facility will not recognize the facilitY as a wireless communications facility; This proposal will not create an incompatible use with the- existing zoning in the -area. All applicable development standards will be cOInplied with such as setbacks, noise levels, and aesthetics, D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? The Comprehensive Plan designates the subject property as Public and Quasi-Public. The existing recreational use of the property is consistent with the purpose and description of this designation. Pursuant to the adopteddeveJopment regulations, WCF's that meet the I-D classification are permitted in all zoning districts within the City of Auburn. _ The subjeëtWCF only requires aConditionalUse Permit dueto the required antenna height to ochieve the coverage objectives. These implementing regulations are designed to ensure consistency with the Comprehensive Plan; The subject WCF is designed to blend with the existing public use rather than introducing a new incompatible type use. The proposed use will further the public service needs of the connnunity. Conditional Use Permit Revised8l27!2004 Page 5 of 7 ,/ . ALL PROPERTY OWNERS INCLUDED IN THIS APPUCATlON MUST BE USJED BELOW OPPOSITE A "PARCEL NUMBER-WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION ¡&.ND INDICATES THE PROPERTY OWNED BY EACH APPLICANT, YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. PARCEL NUMBER NAME, ADDRESS AND PHONE NUMBER (Please Print) ~~im=j ~~t~J:~~_~~1 ~4¡~~~~~~~&~ .~~~~~~~-~~ ._.~~ ~i1!m~-=;;<:r;~:·.~~","= ·~~~¡;r.;.t~~~~;&~ iif~~~ ~~~~~~~~:-~=~~""_:~.= =r:!~~~~~~~:! ~~~~i:~~=-~~~ ~~~~ =tt~~~;;~~~ ~~~~~~~~~ ~~~~~~ ~~~ ~~ø~~~~~ìI! ~~~~~~ ~~~~~~~I DESIGNATED CONTACT PERSON: Name: Ji~,~~~4!~~~~~.!!~ Address: f.iif~!F~_~~~~~ Cily/Phone: ~Œi~i~~~~ SIGNATURE ~''''' '" 4ð'" .- /"J./ÞHÞf' f):;0~ PLEASE ,NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPUCATION. Con<titionaI Use Penn~ .......'.271'.... Page 6 of7 · See attached legal description. LEGAL DESCRIPTION OF PROPERTY FEE PAYMENT: $773.00 for residential; $1,030.00 for commercial; plus $721.00 for Environmental Checklist T.R. # Cashier's Initials Date Received Conditional Use Pennít RevìsedBl27/2004 Page? of? · G#<:) ~~.... .~ ~ ~ '\; -(Ç"" \) ~~. s0 <:)4> ~ ~ ~ * Cingular Wireless & ..... ~ · t .... aipnn. ApPLICATION FOR CONDITIONAL USE PERMIT WIRELESS TELECOMMUNICATIONS FACILITY WA 914 Red Stapler & SE60XC303 Auburn Game Farm I Mariner GAME FARM PARK 3030 R STREET AUBURN WASHINGTON · Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS A. ApPLICATION FOR REQUESTED ACTION . Conditional Use Pennit Application 3030 R Street . Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS Contents A. Conditional Use Permit Application B. Project Proposal C. Code Compliance D. Site Plan (see drawings) E. Photo Simulations F. Acoustical Report , Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS ApPLICATION FOR REQUESTED ACTION SUBJECT PROPERTY Game Farm Park 3030 R Street Auburn, WA 98092 Parcel Number: 2921059011 PROPERTY OWNER City of Auburn - Parks and Recreation 910 North Street Auburn, WA 98002 Contact: Daryl Farber, Director 253 - 931 - 3043 ApPLICANT Cingular Wireless, LLC, a Delaware limited liability company on behalf of Pacific Bell Wireless, Northwest, LLC., a Delaware limited liability company d/b/a Cingular Wireless 2445 140th Avenue NE, Suite 202 Bellevue, WA 98005 Contact: Susan Kimbrough 425 - 895 - 6901 Sprint PCS 6580 Sprint Parkway Overland Park, KS 66251 Contact: Elaine Ward 206-390-0853 AGENT The Alaris Group, LLC 1530 Westlake Avenue N., Suite 600 Seattle, WA 98109 Contact: Justin Abbott 206 - 790 - 4655 · Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS -1 B. PROJECT PROPOSAL This proposal is for a shared wireless communications facility (WCF) to be located at Game Fanm Park in the City of Aubum. The proposal calls for the replacement of an existing 80-foot wood light standard with a 104-foot steel light standard; the subject light standard is located in the outfield of an existing baseball field. Two sets of antenna arrays would be placed on the replacement light standard: Cingular would place three flush mounted panel antennas at the top of the pole, at 104 feet; Sprint would place three flush mounted panel antennas at a height of 94 feet. The replacement structure, antennas, and associated hardware will be painted a light gray color to blend with the predominant color of the sky. See enclosed color chip. At the base of the pole, an equipment shelter would be constructed to house radio cabinets and other associated equipment necessary for the operation of the WCF. This shelter has be designed to be of similar architectural style to existing equipment and snack sheds already located on the park grounds. As constructed, the shelterwill have a foundation 720 square feet (20' x 36') in area; the building would be divided into three 12' x 20' sections. Initially, two of these sections will be enclosed and sided to match the other structures on the park grounds. These two sections will house the equipment for the Sprint and Cingular facilities, respectively. The third section will be set up as an open-air picnic facility. In order to construct this equipment shelter, a portion of an existing landscaping benm will be leveled. Existing irrigation lines will be relocated around the proposed building. An ADA accessible path will be installed from the parking area to the building location. The use of a steel secondary structure is proposed to allow for the possible future co- location of a third set of antennas. Additionally, the third section of the equipment shelter, where the picnic area is currently situated, would serve as the foundation for the equipment for this additional third array of antennas. In order to construct the facility, the existing field lights will need to be removed from the pole. However, upon completion of the tower construction, the field lights would be returned to their original height and orientation. Additional landscaping has not been proposed for this site because of the existing conditions in the area of the facility. The base of the subject pole is screened to the east by an existing scoreboard and fence and to the south by the proposed equipment shelter. Additionally, the facility is well screened by existing vegetation at the park. In lieu of providing a fence for the equipment compound, the applicant has proposed a "storage shed" in which the equipment will be placed, which will be more aesthetically pleasing for the park setting. As previously discussed, this facility would resemble the existing storage facilities and snack shops already located throughout Game Farm Park. Please see the enclosed drawings for more details on this proposal. Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS C. CODE COMPUANCE Auburn Municipal Code (AMC) 18.04.912 "Wireless Communications" The proposed Cingular Wireless installation meets the definition of "personal wireless services facilities" as defined in the Wireless Communications Act of 1996. Therefore, the proposed installation is subject to the regulation set forth in ch. 18.48.100 Wireless Communication Facilities Siting Standards. Under Section J: Wireless Communications Facility (WCF), the use of an existing athletic field light pole is classified as a Type 1-D facilitv. Definition J sets a height limitation of the facility at a maximum of 30% with a conditional use permit. Furthermore, Section I: Support Structure states that athletic field light poles used as a support structure for a WCF are to be considered a secondary support structure. ACC 18.48.100 Wireless Communications Facilities Siting Standards A. Separation between Facilities. 1. New, Freestanding Primary Support Structures. a. The minimum separation, i.e., distance, between a proposed monopole (that is 75 feet or less in height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of 10. b. The minimum separation, i.e., distance, between a proposed monopole (that is more than 75 feet in height, or lattice towers of any height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of 20. This proposal is not bound by the separation requirements set forth in this section of the AMC, as the use of a athletic field light pole is considered a secondary support structure under Section I of AMC 18.04.912. 2. The distance between primary support structures shall be measured by following a straight line, without regard to intervening buildings, from the base of one support structure to the base of the other support structure(s). This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a secondary support structure under Section I of AMC 18.04.912. 3. A primary support structure would be considered "existing" if a conditional use permit or administrative use permit has been issued and is still valid for sites which have not been built upon. This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a secondary support structure under Section I of AMC 18.04.912. Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS B. Co-location Requirements. 1. For monopoles that are more than 75 feet in height and lattice towers of any height (Type 3-B facilities), the owner of the property shall execute and provide evidence of a nonexclusive lease with the carrier that allows for other carriers to place antenna on the structure. This proposal is not bound by the co-location requirements set forth in this section of the ACC. The proposed WCF does not consist of either a monopole or lattice tower, as defined in Section I of AMC 18.04.912. However, the height of the proposed replacement athletic field light pole, approximately 104 feet, is of adequate height so that a future WCF provider may be able to co-locate on this structure. 2. Any application for a Type 3-B facility shall include technical justification that an existing Type 3-B facility with a nonexclusive lease could not be used instead of constructing a new tower. . This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a Type 1-D WCF under Section J of AMC 18.04.912. C. Height. 1. Unless otherwise provided for, the height of any primary support structure and/or antenna shall not exceed the height limitations of the zoning district This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a secondary support structure under Section I of AMC 18.04.912. However, Section J of AMC 18.04.912 provides that the height of an athletic field light pole can be increased by a maximum of 30% of the existing height through a Conditional Use Permit. 2. The maximum height of any primary support structure shall not exceed 120 feet. This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a secondary support structure under Section I of AMC 18.04.912. However, the total height of the proposed WCF is 104 feet, therefore not extending beyond the height requirement as specified. 3. There shall be no variances allowed ta the height limitations. The Applicant is not seeking a variance from height for the proposed WCF; a Conditional Use Permit is sought to allow for the proposed height extension. . 4. The carrier shall provide evidence that the Federal A viation Administration (FAA) has approved the location of a primary support structure relative to the Auburn Municipal Airport. This proposal is classified as a secondary support structure under Section J of AMC 18.04.912. Initial review of the FAA compliance indicates that marking may be required. Once the FAA Determination is made a copy will be provided. · Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS 5. Unless otherwise restricted by this secfion, building- or structure-mounted antenna may extend a maximum of 15 feet above the maximum height permitted for structures within the zone. As proposed, the top of the panel antennas will be even with the top of the extended light pole. 6. Antenna, thaf are mounted on structures that do not otherwise have a height restriction, may be allowed fo increase the overall height of the structure by no more than 10 percent of the height of the structure unless additional approvals are obfained. Section J of AMC 18.04.912 provides that the height of an athletic field light pole can be increased by a maximum of 30% of the existing height through a Conditional Use Permit. '.. D. Setbacks. 1. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet the setback requirements of the zone in which located except as follows. All equipment shelfers, cabinets, or other above-ground facilities used to support primary support structures shall be set back the same distance required of the primary support structure. All equipment shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any adjacent "R" zone. This proposal calls for a secondary support structure to be constructed in a P-1 zoning district, a non-residential zone. As this property is bordered on all sides by residential zoning distrcits, the maximum 50-foot setback requirement is triggered. Due to the size of the subject property and the location of the WCF within Game Farm Park, these setbacks are easily met. See drawings for actual distance to the closest property lines. 2. The minimum distance from any primary support structure, of any height, to any residentially zoned parcel of property shall be a distance equal to the overall height of the primary support structure (including antennas) multiplied by a factor of two. This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a secondary support structure under Section I of AMC 18.04.912. 3. Where possible, roof-mounted antenna and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feafure. This section of the AMC is not relevant, as the proposal does not consist of roof- mounted WCF. E. Fencing and Landscaping. 1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with primary support structures. Fencing will be 100 percent sight-obscuring as defined in ACC 18.48.020(C)(2), if visible from public right-of-way or less intense zoning district Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS In lieu of fencing in the equipment compound, the applicant has proposed a ·storage shed" in which the equipment will be placed. This facility would resemble the existing storage facilities and snack shops already located throughout Game Farm Park. Furthermore, the Applicant has not proposed fencing around the base of the extended tower. In discussions with the Parks Department, it was determined that because of the location of this pole and the surrounding environment, placing a fence at the base of the tower would bring additional attention to the facility. Furthermore, the placement of the outfield scoreboard, as well as exisiting vegetation and the proposed equipment shedr, would provide adequate screening of the base of the replacement structure. Adjacent properties will not have a visual of the equipment building due to existing vegetation and distance. 2. Landscaping. a. Where above-ground support equipment is visible from public right-of-way, a minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public right-of-way. b. Where facilities are visible from adjacent residential uses, a minimum width of five feet of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the adjacent residential uses. c. Existing on-site vegetation may be used to meet the landscape requirements if approved by the planning director. The Applicant is seeking a waiver from both the fencing and landscaping requirements as discussed above. F. Aesthetics. 1. In order to minimize any potential, negative aesthetic impacts from new primary support structures including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent development or environs. Typical solutions for the support structure might include: an extension of the building, a component of a sign structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility, painting or texturing the facility, etc. The proposed light pole replacement, antennas, and associated hardware will be painted light gray to blend with the predominant sky color. Antennas will be flush-mounted to reduce the bulk and silhouette of the facility. 2. Building- or roof-mounfed antenna will be painted or textured to "blend" with the adjacent surfaces. Not applicable. J. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA. , Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS As proposed, the facility will not have any logos or lettering on the WCF. 4. Except as specifically required by the FAA (but must be approved by the city), freestanding primary support structures shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues and greens might be appropriate; however, each application shall be evaluated individually. The proposed facility will be painted light gray. See paint chip enclosed. G. Ughting. 1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. Any proposed lighting shall be submitted at the time of the initial application. Any lighting must be reviewed and approved by the city. Intial FAA review indicates that marking/lighting may be required. A final determination will be provided to the City showing compliance. 2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site. The proposed facility will include a small security light within the equipment shelter, as well as above the entrance door to the facility. This light shall be waterproof and have a one-hour timer for automatic shutoff. H. Abandoned Facilities. 1. Any WCF which is not utilized for a period of nine months or more will be considered "abandoned." 2. Any WCF which falls into a sfate of disrepair as determined by the planning director will be considered "abandoned." 3. Any WCF considered to be "abandoned" must be removed completely wifhin 90 days from the date of notification by the city's code enforcement personnel. The code enforcement personnel may extend the 90-day period should a valid application for use of the facility be submitted to the city. The Applicant has read and understands the above portion of the AMC. I. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise source pursuant to WAC 173-60-040. Please see the enclosed acoustical report showing compliance with the adopted noise standards. J. Supplemental Information Required for Applications. In addition to the information that is otherwise required for an application for a permit for a WCF, the following is also required: 1. For a new primary support structure and related equipment, the applicant shall provide the carrier's master network plan for the city showing the carrier's existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. The applicant shall also provide technical justification supporting the need for the height of fhe primary support structure and why a shorter support structure could not be utilized. Any application for a Type 3-8 facility shall provide technical justification as to Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS why a Type 3-A facility could not be utilized instead to adequately serve the Auburn community. This section of the AMC is not relevant to this proposal as the use of a athletic field light pole is considered a secondary support strÜcture under Section I of AMC 18.04.912. See the RF supporting letters and propogation maps for details of the requested antenna heights. 2. Narrative description of the facility including whether there is capacity of the proposed structure for more antennas, methods for minimizing visual impacts of the facilities, etc. 4 Please see Section 2 of this application for a narrative proposal and discussion of code compliance. 3. A color swatch for the proposed primary support structure. A color swatch has been supplied to meet this requirement. 4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility including the antenna arrays and above-ground support equipment. Please see the enclosed photo simulations of the proposed installation. K. Zoning Districts in Which WCF Are Permitted. The following table illustrates which zoning districts the types of facilities, as defined by ACC 18.04.912(J), are allowed in and which permits are required. Microcells, as deñned by ACC 18.04.912 (G), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC 18.04.912(G). As per the Table of Permitted Districts for WCF, Type 1-D WCF extended to 30% of the existing height are allowed by Conditional Use Permit in all zones. L. Exemptions. 1. Unless otherwise provided for, fhe following are exempt from the provisions of this section: a. Microcells as defined by ACC 18.04.912(G). b. Mobile testing facilities/equipment used to test network limitations. The facilities! equipment shall not be at anyone location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision. 2. The following is exempt from the provisions of subsection A of this section, Separation between facilities: a. Emergency communication systems operafed by a local public agency responsible for providing emergency services. (Ord. 5645 § 1, 2002; Ord. 5342 § 2, 2000; Ord. 5020 § 1, 1997.) The proposed WCF does not meet the Exemptions from this portion of the AMC. · Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS D. Site Plan See attached drawings. Conditional Use Permit Application 3030 R Street Auburn, Washington Wireless Telecommunications Facility Cingular Wireless and Sprint PCS E. Photo-simulations See attached. ;E~ 0== -v- 0" en'" ¡g~ 031: žJg G)..... c:::c i~ =e om~ CÞ- .q;J -V !l . ..a. ii!!UI ~ ~~Ò -V )Ii ..a. ~ -< ;;0 tñl m ~"'c. i~~ lñ~-' 0..9 ~ zE r- zom ~ 2S ;;0 t:z G)G) :¡!S ~~ þ::c za ~;:E c~ ::::1: ... => .... m ::.- c: '" on'- ~ ::II ~~- ~ () -. ~ :J itO f~ r- ...:ø ~ :em - )Or- 1'\\ CD m :..u i::: -. .. "' ~ .1"'~i z m s ~ "" o ~ Z ¡¡: ~ ~ ~r-æ oom J~~~ zZz' . -iØO cb )!~"'I\ ..a. 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Acoustical Report See enclosed document from SSA Acoustics. A Acoustics STEWART· STRASSER' AIT ALLAaUA 6042 Seaview Ave. NW #102 Seattle, WA 98107 Phone: (206) 839-0819 Fax: (206) 839-0824 SeptembeT 7, 2004 Ms Darcy Krewson Hall Architecture 19119 North Creek Parkway Bothell, WA 98011 Re: Acoustical Report - Sprint Site SE60XC303 Auburn Game Farm I Mariner & Cingular WA914 Red Stapler Site: 3030 R Street, Auburn, WA 98092 Dear Darcy: This report presents a noise survey perfonned in the immediate vicinity of the proposed Sprint Wireless and Cingular Wireless telecommunications facility at 3030 R Street, Auburn, Washington. The survey extends ITom the proposed enclosure to the nearest receiver property lines. The purpose of this report is to document the extent and impact of the acoustical changes due to the proposed cabinet fans_ TIris report contains data on the existing and predicted noise environments, impact criteria, and an evaluation of the predicted sound levels as they relate to the criteria, and recommendations for improvement if appropriate. Criteria The proposed tower location is on property zoned Public Use (P-l). The surrounding properties are also zoned residential. The properties are all within the King County zoning jurisdiction. Although a Public Use (P-l) property is not a true residential property, the AubW11 Game Fann Park is located in a residential area and shall be considered residential for the noise code. Under King County Code Chapter 12.88, noise ITom equipment on a residential zoned property to a residential receiver is limited as follows: Noise is limited to 55 dBAl during daytime hoUTS. During nighttime, defined as the hoUTS between 10:00 p.rn. and 7:00 a.rn. on weekdays, and between 10:00 p.rn. and 9:00 a.m. on weekends, the maximrnn sound pressure levels is decreased by 10 dBA for residential receivers. I A-weighted Sound Pressure Level in dB re 20 micropascals SE60SC303-A WA9I4 -2- Sprint - Auburn Game Farm I Mariner Cingular - Red Stapler Ambient Conditions Existing sound levels were measured at the site to determine ambient sound levels on August 28, 2004. Sound leve! measurements were taken using a Larson-Davis 820 sound level meter in accordance with the State of Washington code for Maximum Environmental Noise Leve1s WAC 173-60-020. The weather during the measurements was partially doudy with no wind or precipitation. The averaged ambient noise leve1 was 57.4 dBA, and is primarily the result ofloca1 car traffic along R Street and 29th Street SE. Predicted Noise Leve1s ITom New Spring and Cingular Equipment To predict equipment noise leve1s at the receiving property lines, this survey used the methods established by Air-Conditioning and Remgeration Ins1itute (ARI) Standard 275 dated 1997. "Application factors" such as location, height, and reflective surfaces are taken into consideration to predict the sOWld levels. Reference sound pressure levels of the Sprint cabinet fan unit were derived ITom measurements recorded on an identical d. The sOWld pressure leve1 was measured to be 66 dBA at 3 feet. The proposed equipment will have up to two cabinets The combined sound pressure for two cabinets is 69 dBA The proposed equipment will include up to three CinguJar Ericsson Radio Cabinets (model RBS 21021). The sOWld pressure levels of the equipment are ITom standard no. 10-3005-08 dated July 31, 1991 by McLean Midwest Engineering. The highest sound pressure level is ÍÌ"om the ÍÌ"ont of the cabinets and was measured to be 60 dBA respectively at a distance 00.3 feet (1 meter). The combined sound level for three cabinets is 64.8 dBA at 3.3 feet. The combined sOWld leve1 for all the Spring and Cingu1ar cabinets induding future cabinets is 70.1 dBA The dosest residential adjacent property is to the north-east at a distance of approximate1y 220 feet. Line 1 2 Table 1 Application Factors and Predicted Noise Levels Cabinet Fan Unit A lication Factor Unit Sound Ratin Leve1 Distance Factor Inverse-Square Law (Free Fie1d): DF = 2010 d¡/dz Predicted Sound Pressure Leve1 North-East 70.1 -37.3 (220 ft) 3 32.8 dBA 2 Measurement conducted on 02.23.04 at Sprint Site SE36XCOI2D, West Lake Sammashish Parkway Southeast, Issaquah, Washintan. SE60SC303-A WA914 -3- Sprint - Auburn Game Farm I Mariner Cingnlar - Red Stapler As shown in Table 1, the predicted soimd level produced by the cabinet fan unit at the property line meets the nighttime noise limit of 45 dBA for a residential source and a residential receiver. The resulting sound level values at the property line are based on the "worst case" of sound propagation ITom the side of the fan enclosure while operating. Additional attenuation will be achieved at the site ITom foliage, terrain and o~ects within the sound path. If you have any questions or require further information, please do not hesitate to call. Sincerely yours, SSA ACOUS~LP Qf¡¿ Acoustical Consultant Enclosures ÁUßlfRN CUP04-0007 I( {)' ~o' i W....SHINGTON Scaie, 1"~200' (flOt?Y<APltfC l),¡r.4 CÐ.rT'ER EXHIBIT 4 Plotted: FEB 16, 2004 H ~ EXHIBIT 5 NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on February 23, 2005, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICA nON NO. CUP04-0007 The request of Washington State Parks, Development Service Center on behalf ofCingular and Sprint for a conditional use pennit to locate a wireless communications facility (WCF) on an athletic field light in a PI (Public Use) zoning district. The proposal is to increase the height of the existing structure by 30 percent within the Auburn Game Farm Park located at 3030 R Street SE. Auburn City Code (ACe) section 18.04.912 defines such a proposal as a Type I-D wireless communications facility. Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the proposal. All environmental documents prepared pursuant to SEP A for the subject proposal will be available for consideration at this public hearing. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. A stalfreport will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the fmancial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross-hatched area on the map below. lIT'rTìR~~ II -L I I RR -fì I- ~ /1 r. -,/,YJI I Tl -1= t= ~ ~) ¡,. ~ I1II ~V. - ,liy ~lll In- I r - - ~ I-- - I r-" I I r I f- I G A H E FAR H - f- I I I-- III1 / I-- ~ .I.. I I I:\~}- _ I I f"" 'í. "-J-" 1\ t::;..)) V 1 IT I I I I I I L I I I I I I III IfTTTTTT¡:::: fl ~ 1111 II ..:::-v:.H ~ PAR K I CERTIFICATION OF POSTING APPLICATION NO. CUP04-0007 LOCATED AT: 3030 R Street SE (Auburn Game Fann Park) DATE OF PUBLIC HEARING: February 23,2005 ******* ******* ******* PUBLIC HEARING NOTICES POSTED: This date I certify that I did post land use posting notices. These notices are required to be posted at least 10 days prior to the public hearing as required by Chapter l8.68.040(B)(I)(a) of the Auburn Zoning Ordinance. The public hearing date is scheduled for February 23, 2005. Date: c2--I/-~lÇ Name: EXHIBIT 6 CERTIFICATION OF PUBLICATION AND MAILING CERTIFICA nON OF PROVIDING FOR THE PUBLICA nON IN THE KING COUNTY JOURNAL ON THE FOLLOWING: APPLICA nON NO.: CUP04-0007 APPLICANT: Washington State Parks Development Service Center on behalf of Cingular and Sprint DATE OF PUBLIC HEARING: February 23, 2005 I did on February 4, 2005, send via e-mail to the King County Journal a newspaper of general circulation a notice of public hearing, as required by City of Auburn Zoning Ordinance Chapter 18.66.130 and 18.70.040, for said notice to be published on February 9. 2005. at least JO calendar days prior to the public hearing. I also on February 9, 2005, sent to all the legally known property owners within 300 feet of the proposed site a copy of the notice of public hearing for the above stated application at least 10 calendar days prior to the public hearing. (J .~~ L ;1 Siguature EXHIBIT 7 Page 1 of 1 Patti Zook From: Tom Meagher [tom.meagher@kingcountyjoumal.com] Sent: Tuesday, February 01, 200512:49 PM To: Patti Zook Subject: RE: Public hearing notice for publication on February 9, 2005 Hi, Patti! I have received your email, with the attachment, and will publish the notice (Re/Notice of 2/23/05 Public Hearing, File No. CUP04-0007) in the 2/09/05 edition of the King County Journal. Thanks a lot, Patti...have a terrific day! Tom Meagher Legal Advertising Representative King County Journal Newspapers Phone: 425-453-4296 Fax: 425-635-0602 -----Original Message----- From: Patti Zook [mailto:pzook@auburnwa.gov] Sent: Tuesday, February 01, 2005 11;49 AM To: 'legal ads-Tom Meagher' Subject: Public hearing notice for publication on February 9, 2005 Hi Tom- Attached is a notice of publication. Please e-mail a confirmation. Thanks for your help! Enjoy the sunshine! Patti Zook City of Auburn Planning Dept. 253-931-3090 f)zook(â)auburnwa.Cjov This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review. use, disclosure or distribution is prohibited. tf you are not the intended recipient. please contact the sender by reply e-mail and destroy all copies of the original message. Thank You. EXHIBIT 8 . 2/1/2005 * .' . AC~î~~"*'·"::"';::' * ~:IlBItN '" "d';:;':'" .'1\i7C '" ·~,dffi' WASHINGTON . Peter B. LeWis, Mayor 25 We$t MaIn street * Auburn WA 98001-4998 * www.cI.aubum.wa.us * 253-931-3000 FINAL DETERMINATION OF NON-SIGNIFICANCE SEP04-Q031 DESCRIPTION OF PROPOSAL: Replace the existina 80-foot tall athletic field liaht standard with a 104-foot steelliaht standard to support two antenna arrays. Associated radio eauipment is proposed within a new approximately 720 sauare foot new eauipment buildina. located adiacent to the new pole. PROPONENT: Justin Abbott, The Alaris GrouP for Cinaular (WA 914) and Sprint (SE60XC303) Wireless LOCATION: Located in Game Farm Park at 3030 R Street SE. the proiect location is approximately 1,200 feet southeast of the intersection of R and 29th Streets SE. within the NW Quarter of Section 29, Township 21 North. RanQe 5 East, W.M. LEAD AGENCY: City of Auburn The lead agency for this proposal has determined that it does not haye a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request, RESPONSIBLE OFFICIAL: POSITIONfTITLE: ADDRESS: Paul Krauss, A.I.C.P. Director of the Department of Planning & Community Development 25 West Main Street Aubum, Washington 98001 (253)931-~ SIGNATUR . DATE ISSUED: Februarv 1, 2005 Note: This detennination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. Any person aggrieved of this final determination may file an appeal with the Aubum City Clerk within 21 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. on Februarv 22.2005. EXHIBIT 9 AUBURN * MORE THAN YOU IMAGINED "'\Is ~m "'\I::E 0'" en" m"'l1 0::0 00 -5: z'" (i)", C:-i ~~ ;E go en » en m .~ "'\1-_ ::0'" ""'" -""" .... zu:!_ ~~~ -i~ m -i ::tI Zmrn Zr-c »om ~j!cn ~s )! '< 0.... en- v Or- r- zOrn Z 0 .... m 2S .... ::Ez r-(i) -en (i)o :I:c: -i-i en:I: -i-i ~O °i ~o m >< :r: OJ ~ ~ N EXHIBIT 12 . ~ () -. ::J ~ to ~:E C c- ":0 ~ ~ f'\\ ... m :!.JJ CD'" 8m, '" ~ Jr""JI'¿~"/c, ." - 6 .... ~ i ~ ~ 1 7'~ , Z / m ¡a o '" .. ,. . s ~ !':' ." ~ ~ Q 5: ~ ~ ;:0 !O,en enOm "IIO~< õ!!!"0- < z- ...,; -I¡j5z'," ~enO cø ~O"'''''' mC~~ z::;!-I O· z~:z: :Þ ~en ..... ~ -I;;: :::0 ;:O-lm m ~O !OC en~;:O en 0;:0 en -t ze-l» Z"ll f« '1J ~~¡::; r- ,"110> m i5 0 5: .... :z:en-tN -1m, em en en ~ ~ e ~ ~ -I e m , m "II :z: o -I o - ;;::c <> =:Þ .... m ~I"'" c; '" ml"'" ¡~ ~ i () z -. m ~ ::J N ~tQ f:E C c - !':U ;:¡:m- :Þ'- ill tOm mC/! gC/!' .. " . t ~ m ;U ID m ." ~ m š~ - ~ () z _0 m ~ :J itO f:E C c- ..:D ~~ t"\\ '" m :!ü.I CD( ) g( ), ... "":I: '" <> =:Þ .... ... ~r- c: :::r- s g¡ ~ o "TI Z ~ G) 3: ~ ~ . 0 !/Or-O en 0;:0 "tJOZ< ~ 2S !:J :::: zz ". -fG)0 I ~Z;~ -f0c:~ ~~~O zJ:;:o ~ ~~~;::u ;:O-f¡;: m ~dmC ~~~CJ) ZÕ3:~ Z"tJ"tJ " g¡ ~?ii .... !: ~~ ~ G) en .... t'V J:mt! -fo'" en - -f ~ ~ ~ ?ii ¡:¡j o Iñ "tJ J: o -f .9 .. ;: ... .,. ".4 :..t 1'.~*"" .,..1to~ HI i3 ill . o zcø G')8: c: - ~~~ ¡o~~ en -I" "rn'" < ;ar-;a < žrnO» -I~S: . ~ožcø -I-I-I~ rn,g 91 .þ., z r-en · zornO >oo~ if¡ 2S ::! :::a ~~~m ,"<zoo en 0'" 'ft ° ;a ... v, z:r;~»-t z-l:r; l!]-Ien"'O :::æ:0-ll'"" !:~mm ~c ¡o:::a -1,,< ~~~ ~~en cenrn if¡rn Cc .¡'?:',,¿' ~ n <+............. t en ~ t; - :T Z m -. ~ :J "'to ~C :¡¡:m- þrQ) com coW gw en \ . ,. -'--"'" ., \!:! Sprint. August 30, 2004 City of Auburn Department of Planning & Community Development 25 West Main Auburn, WA 98001 RE: Sprint PCS - SE60XC303 - Auburn Game Farm Dear Reviewing Parties, Sprint PCS is proposing a new wireless communication facility at 3030 R Street SE. The proposed facility has been . desigued to provide increased coverage of wireless voice and data service for the surrounding residential, commercial, & vehicular customers. This location will provide "seamless" coverage by allowing the radio frequency (RF) signal to "hancloff' calls to the neighboring sites in this highly condensed terrain. Additiona1ly, this location was selected because of its position relative to existing sites, providing favorable site geometry for federally mandated E911 location accuracy requirements. Good site geometry is needed to achieve accurate locations of mobile users thru triangulation with existing sites. Providing coverage to this area is challenging due to many factors. The lack of existing towers restrict alternatives available for all wireless service providers. No other suitable structuresltowers that satisry the coverage objectives are available within the area necessary for Sprint's network to seamlessly function. The proposed antenna tip heights shown on the attached plans are the minimum necessary to meet this coverage objective while creating a facility that blends with the physical surroundings. Please see the attached RF propagation maps that have been prepared showing the signal levels with and without the proposed facility. The varying signal levels are shown in the map key. These maps demonstrate that without the requested facility and height, Sprint customers will continue to have gaps in service and dropped calls. This puts Sprint PCS at a disadvantage in the highly competitive and growing wireless market. Sprint complies with radio ftequency emission standards adopted by the FCC. Additionally, the proposed facility will not interfere with the reception or transmission of other legally licensed commercial or private facilities, including emergency services. Thank you in advance for your consideration of our request Please contact me with any RF related questions or clarifications regarding the proposed facility. I can be reached at 425-825-6080. Sincerely, YLu.u~~ Yuwu Zhang Radio Frequency (RF) Engineer Sprint PCS 12227, 134 Ct Redmond, W A98052 EXHIBIT 13 5-pr-;V\\ Coverage Without SE60Xc303: Game Farm Park ....-."............. ............."..."........"..........:-.."'. ('1nd U~geHd _: ),,~~I'j .-~, <"..i'~·.·;·.-_,,·_";',,-··.. -. .,.....c;,..:,-..\, ..'0' ,', _; ,0".,". ",..,.,'..,.>_........ .' B$ a~~ÎI!iJït , -238.7961 : -110.6001 'III -110.6000 mill -102.00:)1 :mlll -102.??oo mill -91.9001 11I-91.9000 'III -81.9001 -81.9000 -76.9001 mill -76.9000 mill -25.7530 Signal Levels: -25 to -76.9 (dBm) - Green: In building -76.9 to -91.9 (dBm) - Yellow & Red: In car & outdoor -91.9 to -102 (dBm) - Blue: Poor or No outdoor -102 and below - Orange: No coverage .!.J Coverage With SE60Xc303: Game Farm Park !Zoocn: 5.318 mI . seIeân;¡: sies ::,>j ..f Signal Levels: -25 to -76.9 (dBm) - Green: In building -76.9 to -91.9 (dBm) - Yellow & Red: In car & outdoor -91.9 to -102 (dBm) - Blue: Poor or No outdoor -102 and below - Orange: No coverage ^ cingular" WIRELESS August 27,2004 City of Auburn 25 West Main Auburn, W A 98001 RE: Cingular Wireless Proposal- Red Stapler - W A914 Dear reviewing parties, Cingular Wireless is proposing a new wireless communication facility at 3030 R Street SE to meet its obligations under the Federal Communications Commission (FCC) license. The proposed facility has been designed to provide wireless voice/data service in E. Auburn, along R Street SE, and the surrounding residential/commercial customers. This location will provide "seamless" coverage by allowing the radio frequency (RF) signal to "handoff' calls to the neighboring sites in this higWy condensed terrain. The proposed antenna centerline height of 101.67 -feet is the minimum necessary to meet the above- described coverage objectives and to create a facility that blends with the physical surroundings and meets code requirements. Please see the attached RF propagation maps #1 & #2. Map # I shows the existing/proposed sites in this area and the current coverage from these sites. Map #2 shows the proposed signal propagation from the site labeled "W A914_1" and demonstrates the need for this facility. The varying signal levels are shown in the map key. Be aware that the surrounding trees, which average 70-90 feet, in this area, affect the signal propagation by reducing the signal levels, thereby diminishing signal travel. Please contact me with any questions or clarifications regarding the proposed facility. Sincerely, /'~v.J~ Prasanna Thulasiram Radio Frequency (RF) Engineer Cingular Wireless 2445 140'" Avenue NE Ste. 202 Bellevue, W A 98005 EXHIBIT 14 Cingular Wireless· 2445 140th Avenue NE . Suite 202 . Bellevue, WA 98005 o <t :.: Q !I' " .,., ~ ~ 0 ~ ~ g " < ~ g . . < ,g C . . . . :> C. " <t It. Q !I' ¡ <t It. o !I' ....,." ("\ ~ I ., -.J> F -- P "\. " ... o " D) CQ a - o ::J 3: D) " :E ;¡: ::r o c - . I . - - - :;- :;- 0 ~ " 0 !õ. 0 0 ~ f Q Q " " " 0 0 0 c <> < c ~ 0 ~ ~ . c . . '" ~ '" '" . . . . '" io '" . ~ 0 ~ a- a- a- 0» ~ '" 0» a- ~ 0 ~ ~ io ~ " " " .. Æ ~ .. ~ " ~ .. ~ ~ C' _~ -..., mgular Sites In Aub l.l..LL::W) I r ,- urn . µ-~/ :\ L ""= ~~,~T . I í N µ ·X~~ 'îi'i :r ' " +_ ß'c. '51:' 7 r ~" ~ p -~ r' c' C;:! f' \ n , ~~ _gr- ,,_ .-r y I I ~---¡;;: -' -,L ----' f--h -- I I IT' L,-- '-' / - I-- 4illlII111l I - l~ji;l~XL I( c. "'Fl. - ~CC" f'?'1"JU ^ , ) J.-Ha. ~ f=-, ~;-' I ë',,- 'Zè r ~ ....'_ ,W - ':<i hf~ I ,,-' ~ lY' ~J µ; ...l "I" '--' IT ,: s _J lV \.-. -< ~ _ J'.. '-" - Li =. {.lLL V L If/ - r --J -A -C 'II fr -; T- h "--\ ~rll /7 J r' ,Y H\ '~ ::; '!,-rUI<Æ;-';- . ~ J I Ii @:.-. >--' SJI Ì'--~~ ~ ,\ =;:r v- \:~~ \ ';_~ iT] c1c11 ,~r/ " I ~ ~,. ,r IT I \ I~ ( ~r--"', "V_ crt r r{ ) - ~~jI !Ub~""'" '-- ,~ 14 g.. . w",,"11 ""'::::::::: ' ,', " f lu =="1 ~."- ~ - \ "\'7i 1// - I I-J I '8 ~'ì ~ I-<S:rt;\ 1/ 1Y-> ;/ ~J , I L ~ J;::. [) A, _ _" / T c".,. ~ --......,. J1li ~ì '\ /Ii þ. ~\ /i::"-l h " r¡ I_L ,I l ~-- m pY j~:J (5.':::¡J Îh ~ t::------~ Illiuih 3+ H-r::;- , . f )lŸ' ~..,.~15 '", ~ _ .,.,~. m 1,1 -< ~ OJ . .,,~." -. ./ ;.. ~_' artc ì.z '\, < 'f!!;- Þ" U ~ / ¡-~" l '\ I ì1 '/,1, 'TI,'- ,,,-' d,-- ~/!'T ~1h ~.F U 1,...< '/) .\) . I C c;;? / I T = 1-'11 ~ (;:'I1-~<~ ~1.:~\1 he ::~ ~Iji . '- \ \ ¡" t,( ~) ',,\Ji; '"1...// \~()l1 --- L L R d ~- ~ ~ p' I II í I "\ ¡r /f-- II -- ,lJ ,J I I T ","\..},:;¡, I 1C , .....j \ 0 Failure To Provide AD Requested In_ May Delay Processing oIYour Notice FOR FAA USE OHL Y AoN-..tIcaISbJyNuftQr u.s. DIpmnant ~TIMIpOrIBIm Notice of Proposed Construction or Alteration ........""'-IIDn'IAJ.JL...... 1. Sponsor {pefSOf/, company, eIcc proposing this acüon}: 9. Latitude: 47 016 , 52.0 . AIb.. of: City of Auburn , Name: Daryl FaIber, POIks Director 10. L_iWde: 122 012 , 12.9 . , Address:910 9th S1reet SE 11. Detum: II] NAD 83 o NAD 27 o Other 12. Nearest: City: Auhurn _WA City: Auburn Stale:~ Zip: 9&002-6200 13. Nearest PublkAJse (oot priva/IHJse) '" MlIIIaIy AiIpcxt '" HeIipoI1: Telephone: 7,1-911-1041 Fax: 251-911-4005 Auburn Municipal Aimort 14. Distance from 113.10 SInJcOJn>: 3.5 miles 2. Sponsor's R~ (ifotherlhan#1): 15. Direction from 113. 10 S1nJdure: SE AIIn. of: AFL Telecommunication 16. Site EIevetion (AtfSLJ: 140.2 11. Name: Chris AlIhands 17. Total Structure Height (AGL): 105.0 11. Address: 25977 SW Canyon Creek Rd, Suite E 18. Overall Height <-16 '''7) (AIISL): 2452 ft. 19. __ FAA Aeronautical study Numbwl'",,":aI..,,> : City: Wilsonville StaIe:~ Zip: 97070 N/A -OE Tøephone:503-490-2286 Fax: 503-303-3001 20. D8"_I~ of location: (A.ltacha USGS 7.5 minute Quadrangle Map with 3. Notice of: o New Construction ![JAlleratlon DEJósting the precise site marlced and any certified survey) See Attached Map 4. Du_: ![J Permanent o TOITJ IO<Sy ( _ months, _ days) 2840 RiverwaJk Dr. SE Auburn W A 98002 See attached 2C Statement wi1h Map and Surveyor's Stamp S. Work Sehedule: Begmning End Note: The address shown is the address the City of Auburn assigned to the 6. Type: IJAntenna Tower o Crane DBuildng o _li>e parcel. The Latitude/Longitude identify the actuaIlooatioo 00 the parcel o .....- o WalerTank o other where 1he site is situated. 7. _ng/Painting and/or Lighting _: o Red Lights and Pai.. 0 DuaI- Red and Medium IntensiIy While o Whfte - Medium Inlensily o Dual . Red and h9> Intensity WhIte o Whfte - ffigh ,_ o Other 8. FCC Antenna Struc1.... Regi_ Number (¡f appHcab/e): In Process - Relristration # not vet available 21. Com IIete DescriptIon of Pr_: FrequencylPow8r (kW) InstaIIatioo & operatiou of anteooas & associated equipmeot foc Sprint's and Cingular'. wireless telecommuoicatioos oetwOlb. Sprint and Cingular each to install a total of3 sectOIs wi1h I paueI antenna per sector (6 antennas total) moUDted to a 104' balI- 850 MHz 980 MHz field replacement light pole. Field ligbts to be mounted 00 1he proposed replacement pole at same height and orieutatioo as 1he 950 kW existing lights (801. A proposed equipment shelter to he located oear the base of the ligbt pole. Notice.. __ by 14 Code ofF_ __ part TT _10 49 U.S.C.. Sedion 44718. f'ersons who _ngIy and__'" noIIc8 requí...- of partTT aresul>jeclto a dviI penalty of $1,DOO per day ....... noIiœ.. received, _1049 U.S.C.. Sedion46301(a) I .......,. certify that aM of the abov8 st_IIMnts...... by me are true, COII'IpIeta. and conect to the best of my knode ctge In addition, I ..... to IItIrk MdIor light the .........10 ---.-tdn & Ighting_.._. """ I Typed or Pmted NamIt and T1tIe dPer80n Fq NotIce 1- ABase Type or Pdnt on 1hTa Form FMForm74111).1 (2-<19) Supersedes_Edition Fonn Apptowd OUB Nø.212O-«KH Expit'BtIJoIJDale: 7I:tr1f11 ~ Ve<sIon (Adobe) NSN: 0052.00.412-0009 EXHIBIT 15 , +70 16' 52'N. 1220 12' 13"W (WGSB4!NAD83) USGS Auburn Quad View TopoZone Pro aerial photos, shaded relief, street maps, interactive coordinate display, ;md glgvation data o Applicant: Site Name: Site Number: Site Address: FAA 2-C SURVEY CERTIFICATION Sprint Spectrum L.L.P West Region Site Development Attn: Chris AIIhands 4030 Lake Washington Blvd #300 Kirkland, W A 98033 Mariner SE60XC303-A 2840 Riverwalk DR. S.E. Auburn, W A 98002 Horizontal Datum Source (select aU tl,at apply): D Ground survey [8J GPS survey [8J NAD 83 Vertical Datum Source (select aU that apply): D Ground survey [8J GPS survey [8J NA VD 88 D NAD 27 D NGVD 29 Structure Type (select one): DNewTower DExistingTower DRoofTop DWaterTank o Smokestack [8J Other (describe): licllt Pole Latitude: Lougitude Elevation-Ground: Height of Structnre: Overall Hei !ht: N 47°16'52.0" NAD 83 W 122°12'12.9" NAD 83 140.2 feet NAVD 88 105.0 feet AGL 245.2 feet AMSL CERTIFICATION: I certiJÿ lIun the latitude and the longitude shown above are accurate to within ±so feet horizontally and that the site elevation is accurate to within ±20 feet vertically. The horizontal datum (Geographic Coordinates) are in terms of the North American Datum of 1983 (NAD 1983) and are expressed as degrees { a }, minutes{ , ), and seconds ( . ), to the nearest hundredth of a second. The vertical datum (elevation) is in tenns of the North American Vertical Datum of 1988 (NAVD - 1988) and is determined to nearest foot. . Larry A. Henke, PLS #38975 Duncansou Company, Inc. (206)244-4141 August 4, 2004 DCJ# 03095.009 A Acoustics 6042 Seaview Ave. mv #102 Seattle, WA 98107 Phone: (206) 639-081 g Fax: (206) 639-0824 .. STEWART. STRASSER· JUT ALLAOUA September 7, 2004 Ms Darcy Krewson Hall Architecture 19119 North Creek Parkway BotheD, WA 98011 Re: Acoustical Report - Sprint Site SE60XC303 Auburn Game Farm I Mariner & Cingular WA914 Red Stapler Site: 3030 R Street, Auburn, WA 98092· Dear Darcy: This report presents a noise survey perfonned in the innnediate vicinity of the proposed Sprint Wireless and Cingular WifelesS teleconmnmications facility at 3030 R Street, Auburn, Washington. The survey extends &om the proposed enclosure to the nearest receiver property lines. The pmpose of this report is to document the extent and ñnpact of the acoustica1 changes due to the proposed cabinet fans. . This report contains data on the existing and predicted noise environments, ñnpact criteria, and an evaluation of the predicted sound levels as they relate to the criteria, and recommendations for improvement if appropriate. Criteria The proposed tower location is on property zoned Public Use (P-l). The stnTounding properties are also zoned residential. The properties are all within the King County zoning jurisdiction. Although a Public Use (P-l) property is not a true residential property, the Auburn Game Fann Park is located in a residential area and shall be considered residential for the noise code. Under King County Code Chapter 12.88, noise iÌ"om equipment on a residential zoned property to a residential receiver is limited as fonows: Noise is limited to 55 dBAt during daytime hours. During nighttime, defined as the hours between 10:00 p.m and 7:00 a.m on weekdays, and between 10:00 p.m and 9:00 a.m on weekends, the maximwn sound pressure levels is decreased by 10 dBA fur residential receivers. I A-weighted Sound Pressure Level in dB re 20 micropascals EXHIBIT 16 SE60SC303-A WA9l4 -2- Sprint - Auburn Gam~ Farm I Mariner Cingular - Red Stapler Ambient Conditions ,. Existing sound levels were measured at the site to determine ambient sound levels on August 28, 2004. Sound level measurements were taken using a Larson-Davis 820 sound level meter in accordance with the State of Washington code for Maximum Environmental Noise Levels WAC 173-60-020. The weather during the measurements was partially cloudy with no wind or precipitation. The averaged ambient noise level was 57.4 dBA, and is prirnari1y the result ofIocal car traffic along R Street and 29th Street SE. Predicted Noise Levels fi"om New S'ÇITine: and Cin!!lÙar Equipment To predict equipment noise levels at the receiving property lines, this survey used the methods established by Air-Conditioning and Refrigeration Institut~ (ARI) Standard 275 dated 1997. "Application factors" such as location, height, and reflective surfaces are taken into consideration to predict the sound levels. Reference sound pressure levels of the Sprint cabinet fan unit were derived rrOITI measurements recorded on an identical unit2. The sound pressure level was measured to be 66 dBA at 3 feet. The proposed equipment will have up to two cabinets. The combined sound pressure for two cabinets is 69 dBA. The proposed equipment will include up to three CinguJar Ericsson Radio Cabinets (model RBS 21021). The sound pressure levels of the equipment are rrom standard no. 10-3005-08 dated July 31, 1991 by McLean Midwest Engineering. The highest sound pressure level is trom the tront of the cabinets and was measured to be 60 dBA respectively at a distance of 3.3 feet (1 meter). The combined sound level for three cabinets is 64.8 dBA at 3.3 feet. The combined sound level for an the Spring and Cingular cabinets including future cabinets is 70.1 dBA. The closest residential acljacent property is to the north-east at a distance of approximately 220 feet. Table 1 Application Factors and Predicted Noise Levels Cabinct Fan Unit Line Application Factor North-East 1 Unit Sound Rating Level 70.1 2 Distance Factor -37.3 Inverse-Square Law (Free Field): (220 ft) DF = 20l0g (d¡/d2) 3 Predicted Sound Pressure Level 32.8 dBA 2 Measurement conducted on 02.23.04 at Sprint Site SE36XC012D, West La.k~ Sammashish Parkway Southeast, Issaquah, Washinton. SE60SC303-A WA914 -3- Sprint - Auburn Game Farm I Mariner Cingular - Red Stapler . As shown in Table '1, the predicted sound level produced by the cabinet fan unit at the property line meets the nighttime noise Hrnit of 45 dBA for a residential source and a residential receiver. The resulting sound level values at the property line are based on the "worst case" of sOUfid propagation fi:om the side of the fan enclosure wlnle operating. Additional attenuation will be achieved at the site fi:om foliage, terrain and objects within the sound path. If you have any questions or require further information, please do not hesitate to call. Sincerely yours, ssA ACOusti~LP !Jf.¡¿ Acoustical Consultant Enclosure:J