HomeMy WebLinkAbout4527
1
2
3
4
5
6
7
/'-. 8
/'-.
c::> 9
0')
- 10
"-.J
0') 11
12
13
14
15
c>
ç::¡ 16
':i1
17
'"
w
<> 18
.~
<>
<>
m 19
<>
'"
<>
w 20
'"
'"
>
z 21
'"
'"
'J
co
~ 22
"
"
~ 23
"'
"'
0
~ 24
,
,
25
26
CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
Auburn, WA 9B001
DEG U·¡. RECID~
&\?i
ORDINANCE NO. 4 5 2 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A
CONDITIONAL USE PERMIT TO ESTABLISH A CELLULAR RADIO BASE
STATION COMMUNICATIONS FACILITY WHICH INCLUDES A 100 FOOT TALL
TOWER TO BE SITUATED ON PROPERTY LOCATED AT 19 CLAY STREET
N.W., IN A M-2 (LIGHT INDUSTRIAL) ZONE, WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0004-91 dated July 29, 1991,
together with site plans therefore, has been submitted to the
city of Auburn, Washington, by JOHN F. and RETA R. LINDSAY
requesting a Conditional Use Permit to establish a cellular
radio base station communications facility which includes a 100
foot tower to be situated on property located at 19 Clay Street
N.W. in a M-2 (Light Industrial) zone within the City of
Auburn, Washington, hereinafter described in Section 2 of the
Ordinance; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a pUblic hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on October 22, 1991, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to
establish a cellular radio base station communications facility
which includes a 100 foot tower to be situated on property
___h_________h________h____
Ordinance No. 4527
NovemberS, 1991
Page 1
-------"._~---
~-...,......__._...._...~
1
2
3
4
5
6
7
8
- 9
"-
"- 10
a
OJ
- 11
"-.J
-
- 12
0")
13
14
15
16
17
18
19
20
21
22
23
24
25
26
located at 19 Clay street N.W., based upon the following
Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicant, John F. and Reta R. Lindsay, through their
agent, C. Lynn Congleton, requests a Conditional Use
Permit to allow the establishment of a cellular radio base
station communications facility including a 100 foot tall
tower.
2. The subject property is located at 19 Clay Street N.W. and
is zoned M-2, Light Industrial.
3. The existing land use is that of a vacant industrial site.
Land in all directions is designated for light industrial
uses and zoned for same while the existing land uses to
the north, south, and west are vacant. The existing land
use to the east is residential.
4. The applicant requests a Conditional Use Permit to allow
construction of a 100 foot high tower to be used as part
of the cellular telephone network in Auburn.
5. Radio and television transmitting towers are permitted in
an M-1 zone subject to the issuance of a conditional use
permit.
6.
The Planning Director has determined
transmissions towers are comparable
television towers are accordingly are
conditional use permit application.
that telephone
to radio and
subject to a
7. The application establishes that the tower will consist of
a 12 X 28 foot vault which will contain equipment
associated with the tower. The tower itself will be
contained in a fenced area approximately 35 X 50 feet in
size and the tower together with the antennae will not
exceed 100 feet in height.
8. The proposal is located to the rear of an existing
building at 19 Clay Street N.W.
------------------------------
Ordinance No. 4527
November 8, 1991
Page 2
_ m'~. __._______.___~.___
1
2
3
4
5
6
7
8
9
10
"- 11
r-...
c::> 12
OJ
-
"-.J 13
en 14
15
16
17
18
19
20
21
22
23
24
25
26
9. The height limit in the subject zone is 45 feet which may
be exceeded if there is a 1 foot of setback provided for
each foot that the structure exceeds 45 feet. In this
instance, the tower will need to be set back 75 feet from
Clay street and 55 feet from other property lines. The
evidence establishes that the application will be set back
184 feet from Clay street. The setback will be 61 feet
from the north property line, 87 feet from the south
property line, and 89 feet from the west property line.
10. Initially the application indicated that the tower was
located on the west property line. The proponent applied
for and subsequently withdrew an application for a
variance and moved the tower to the existing location.
11. Due to the location of the Auburn Municipal Airport
approximately 1.25 miles to the northeast of the proposal,
there will be a need to have the Federal Aviation
Administration review the project.
12.
The staff
approval,
set forth
report, with its recommendation of conditional
is incorporated herein by reference as though
in full.
CONCLUSIONS OF LAW
1. There are no adverse effects associated with the proposal
in that it does not generate a traffic or utility demand.
Significant setbacks are provided from adjacent property
lines and therefore the use will have no more of an
adverse affect on the area than would a use generally
permitted in the district.
2. The Comprehensive Plan does not address the issue of
transmission towers however there are no facts or evidence
by which one could conclude that the proposal is
inconsistent with the general purpose of the Plan.
3. The proposal complies with all the requirements of Zoning
Ordinance and with appropriate setbacks and can be
constructed or maintained so as to be harmonious with the
existing or intended character of the vicinity.
------------------------------
Ordinance No. 4527
November 8, 1991
Page 3
~-----~_.__._---...,,~..,.~-_.._~
1
2
3
4
5
6
7
8
9
10
"- 11
"-
c::>
0") 12
-
"-.J 13
en 14
15
16
17
18
19
20
21
22
23
24
25
26
4. The proposal will not adversely affect the public
infrastructure and since the Police and Fire together with
hospitals utilize cellular telephone services the proposal
will enhance the pUblic infrastructure.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to establish a cellular
radio base station communications facility which includes a 100
foot tower to be situated on property located at 19 Clay street
N.W. is approved and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section 1. The above cited Hearing Examiner's Findings of
Fact and Conclusions, are herewith incorporated in this
Ordinance.
Section 2. A Conditional Use Permit is hereby approved to
establish a cellular radio base station communications facility
which includes a 100 foot tower to be situated on property
located at 19 Clay Street N.W. in an M-1 (Light Industrial)
zone, situate in the City of Auburn, County of King, State of
Washington, and is legally described as follows:
Lot 6 in Block "D" Lunn's Garden Tracts to
Auburn, according to plat recorded in Volume 10
of Plats, page 33, recorded in King County,
Washington.
----------------------..
Ordinance No. 4527
NovemberS, 1991
Page 4
-" ---_._----_..."~----~.._-..-
1
2
3
4
5
6
7
8
9
10
"- 11
"-.
c::> 12
0')
-
"-.J 13
-
en 14
15
16
17
18
19
20
21
22
23
24
25
26
section 3. The applicant shall obtain approval from the
F.A.A. If the F.A.A. requires special lights or markings,
these shall be approved by the Planning Director.
Section 4. The Planning Director shall have final
approval as to the color the tower is to be painted
Section s. 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.
Section 6. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out
the directions of this legislation.
section 7. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
1)-)1-9/
II - /f- 9/
;/-/f-9/
PASSED:
APPROVED:
.~
. MAYOR
____.._______~_____________d_
Ordinance No. 4527
November 8, 1991
Page 5
. _.__.__._-----_._--_.._--~...__.._,-._.__..__._-~--_.-
1
2
3 ATTEST:
4 ~t~1 /))J-;UI-a¿~
5
6 Robin Wohlhueter,
city Clerk
7
8
9 APPROVED AS TO FORM:
10
11 ýt¡I~~
"-
r- 12 Stephen R. Shelton,
c::> city Attorney
en
- 13
"-.J
en 14
15 PUBLISHED: /I-acf9/
16
17
18
19
20
21
22
23
24
25
26
_n_____~_________b_______U_
Ordinance No. 4527
NovemberS, 1991
Page 6
-.-. --___ _.. _ _~_____m___....______._.__._._.____