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HomeMy WebLinkAboutITEM VI-1 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 5905 for Application No. CUP04-0007 Department: Planning Date: March 28, 2005 Budget Impact: I Attachments: HE Decision, Staff Report, Vicinity Map, Application Administrative Recommendation: City Council introduce and adopt Ordinance No. 5905. Background 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 (\J\JCF) 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 heard the case on March 21, 2005 and scheduled a closed record hearing for April 4, 2005. HE\APP\CUP04-7 AND ORD5905 L0404-4 03.10.1 CUP04-0007 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance [8J Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board OPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: [8J Building [8J M&O o Cemetery 0 Mayor o Finance 0 Parks [8J Fire [8J Planning o Legal 0 Police [8J Public Works D Human Resources Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _/_/- Referred to Until _/_/- Tabled Until _/_/- Councilmember: Singer I Staff: Krauss Meeting Date: April 4,2005 I Item Number: VI.1 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 S:, 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 IHearing 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, considerE¡d 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 80-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 720-squ'are 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 " 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 Ithe 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 " 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 designëltion 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 se,rve the cultural, educational, recreational, and public service needs of the community. ACC 18.40.010. ·Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings 1)1 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. 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 of WCFs. Wireless antennae located on existing water towers, athletic fileld 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 dE~finition, 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. ACC 18.04.912(1)(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 approJ<imately 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 threEi 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 untenna 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 ac:cessory 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 UBe 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 al1tennae above. Exhibit 3, Application, Project Proposal; Exhibit " page 4; Testimony of Mr. Abbott. 8. The accessory equipment would include the use of cabinet fans õlttached 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 designatic1n 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 servi~~s 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 " 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 cre:ate 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 impac:t 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 " 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 faciliti1es, 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 A.pplicant 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 storagle area. Testimony of Mr. Dixon; Testimony of Mr. Scamporfina. 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, 2006 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 distri(:t. 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 polE~s. The 24-foot incremental increase in height of one pole will not adversely impact surrounding properties. Changes to the views of surwunding ------------------------- 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, policie,s, 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 Zonin~1 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 infrast/'ucture. There will be no traffic Impacts and no adverse effect on infrastructure. A condition of approval will ensure that the WCF does not interf13re 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 evidlence 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 ël conflict occurs in the future. 2. Prior to building permit issuance, the Applicant shall submit buildin9 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 cjJlors 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 Constrw~tion 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, ConclusiQns of Law and Dec:ision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit for a Type 1-D wireless communications facility and as!;ociated 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. Severabilitv. The provisions of this ordinance are dleclared to be separate and severable. The invalidity of any clause, se,ntence, paragraph, subdivision, section or portion of this ordinance, or the invBllidity of --------------------------- 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. ImDlementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to c,arry 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 bylaw. 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: Govor.mnent Lot 11 of Section 29, :L'oWll8.!ùp 21 1I'ort!>, Range 5 But, 11.11., in 1ting COunty, Wull1Dgt:cn, = the North 60 feet as coc.veyed to King county by deed rl!C!m:ded uni!oo; hco%diIIg Jlo. 2695887, 1IND EXCBP'1' thaI: po%I:i= co~ to the city ol Aub=n by 4_ ".,a0>:de4 _ Recor,Ung 110. 5895174, ~1.1:UU(. nm vacated Jos. Bræmoø, Road JifQ. 318,.. Vacated. \IAðØr.r City of Beattl.. Oxdinanc.. 110. 3.805, wIdch upon """,,!:ion att:acbed t:o Bud property by cpentiO!1 of law. . Sit....te in èI1e county of 1Ci.Ðg, State of lIuhington. II1O'm POI! INP'CIRMI\1'IOJIDIL PlJllPOSBS om,y, 1'he following ""'Y be _ as _ ~ated. l"Slal ãøsori¡>tiOl1 on 1:114 d<>auIIIents t:o.be reconied, p.... III1IeDIÌed. IU:II 55. U. aaid abbr8viatlOd 3.egs.l descrJ.pdon üaot a subst:1t:ute for a c:oçl..te legal ð.esoript:ion witbin tba body oj! tile do"""""'t. l'tn GL :L;I.. 29-2].-9 'rid. ~ is located in E:I.ng County. _ng to be èlelivered to, F1ISeUty lfadoaal Title CO., 720 Olive ""y 1515, seattle, ilIA 98.101 - ...- .....___ h__.._ . ...........---...--.. "-"."""'--' ... -~--"'''----'--~--'