HomeMy WebLinkAbout49161
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ORDINANCE NO. ~
WHEREAS, Application No. CUP0002-96
together with site plans therefore, has
AN ORDINAI~CE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 60-
FOOT HIGH ANTENNA SUPPORT STRUCTURE FOR A WIRELESS
TELECO~ICATIONS FACILITY LOCATED ON PROPERTY ZONED M-2
(HEAVY INDUSTRIAL) LOCATED AT 412 8TH STREET SW, WITHIN THE
CITY OF AUBURN, WASHINGTON.
dated July 25, 1996,
been submitted to the
City of Auburn,
Conditional Use
high antenna
telecommunications
Industrial) located
Auburn, Washington,
Ordinance; and
WHEREAS, said
Washington, by PHYLLIS GIBONEY, requesting a
Permit to allow the construction of a 60-foot
support structure for a wireless
facility on property zoned M-2 (Heavy
at 412 8th Street SW, within the City of
hereinafter described in Section 2 of the
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
the Auburn City Hall, on September 24, 1996, at
conclusion of which the Hearing Examiner recommended the
Ordinance NO. 4916
October 14, 1996
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WHEREAS,
said request
the issuance
1 approval of the issuance of a Conditional Use Permit to allow
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the construction of a 60-foot high antenna support structure
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for a wireless telecommunications facility on property zoned
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M-2 (Heavy Industrial) located at 412 8th Street SW, within
the City of Auburn, Washington; and
the City Council, on October 7, 1996, considered
and affirmed the Hearing Examiner's decision for
of a Conditional Use Permit to allow the
construction of
a 60-foot high antenna support structure for a
wireless telecommunications facility in a M-2 (Heavy
Industrial) zone, located on property situated at 412 8th
Street SW, within the City of Auburn, Washington, based upon
the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
The applicant, Sprint Spectrum, applies for a conditional
use permit on property owned by Phyllis Giboney, to allow
the construction of a 60 foot tall tower to be used as a
personal communications services facility. Personal
communication services include wireless phones, pagers,
and caller I.D.
Ordinance NO. 4916
October 14, 1996
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o
The property is currently zoned M-2, Heavy Industrial,
and is located at 412 8th Street SW. The Comprehensive
Plan designates the subject site for heavy industrial
uses .
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Surrounding zoning and land uses in the vicinity include
M-2, industrial, in all directions. Surroundin9 property
in all directions is zoned for heavy industrial uses.
The Zonin~ Ordinance allows the construction of radio and
television transmitting towers in an M-2 zone subject to
the issuance of a conditional use permit.
The Planning Director has determined that the telephone
transmission facility is comparable to a radio and
television tower; therefore, a conditional use permit
could be processed for the telephone facility.
The tower will have attached to it an antenna platform
with three sides. Each side will have attached to it
four antennae, each 5 feet high. One - 2 inch by 4 inch
diameter disk antenna will be on the platform as well.
There will also be five self contained equipment cabinets
at the base of the structure.
The tower and cabinets will be enclosed within a 720 sq.
ft. fenced area.
The proposal is located to the rear of an existing
building and will be provided access through an existing
paved driveway. There is also existing a wireless
communication facility on the property. Approximately
100 feet west is a 40 foot high tower that the City
permitted in 1989.
The height limit in the M-2 zone is 45 feet, which may be
exceeded if there is one foot of setback provided for
each foot the structure exceeds 45 feet. In this case,
the 60 foot tower must set back 15 feet from the rear and
Ordinance No. 4916
October 14, 1996
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side property lines and the site plan indicates the 15
foot setbacks are provided.
The Auburn Municipal Airport is located 1.7± miles to the
north. The applicant should contact the Federal Aviation
Administration (F.A.A.) for their review of the project.
The contents of the case file, CUP0002-96, of this
project, are hereby incorporated by reference and made
part of the record of this hearing.
CONCLUSIONS OF LAW
The ordinance establishes a series of criteria which must
be established before the undersigned has the authority
to recommend issuance of a conditional use permit.
The first criteria is that the use will have no more of
an adverse, impact on the health, safety, or comfort of
persons livin9 or workin~ in the area, and will be no
more injurious, economically or otherwise, to property
improvements in the area than would any use ~enerally
permitted in the district. The proposal does not
~enerate a traffic or utility demand, and structures of
this height are permissible in the M-2 zone subject to
proper setbacks.
The proposal is in accord with the Comprehensive Plan.
Although the Comprehensive Plan does not address
transmission towers, the intended purpose of the heavy
industrial zone is to provide for activity such as this
proposal.
The proposal can comply with the requirements of the
Zonin~ Ordinance.
Ordinance No. 4916
October 14, 1996
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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. The surrounding property is also zoned
M-2, and the tower is consistent with outdoor uses.
The proposal will not adversely affect 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 allow the
construction of a 60-foot high antenna support structure for a
wireless telecommunications facility
(Heavy Industrial) located at
City of Auburn, County of King,
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
on property zoned M-2
412 8th Street SW, within the
State of Washington.
CITY OF AUBURN,
~ The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
~ A Conditional Use Permit is hereby approved
to allow the construction of a 60-foot high antenna support
structure for a wireless telecommunications facility on
Ordinance No. 4916
October 14, 1996
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property zoned M-2 (Heavy Industrial) located at 412 8th
Street SW, within the City of Auburn, County of King, State of
Washington, legally described on attached Exhibit ~A", and
made a part hereof as though set forth in full herein.
F.A.A. If the
The applicant shall obtain approval from the
F.A.A. requires special lights or markings,
these shall be approved by the Planning Director.
~-~. The tower shall be painted a pale
pale blue and the colors shall be approved by the
Director.
~9_C~. Upon the passage,
this Ordinance as provided by law,
of Auburn shall cause this Ordinance
office of the King County Auditor.
gray or
Planning
approval and publication of
the City Clerk of the City
to be recorded in the
~9_~. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~_C~. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
Ordinance No. 4916
October 14, 1996
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INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 4916
October 14, 1996
Page 7
CHARLES A. BOOTH
MAYOR
LEGAL DESCRIPTION OF PROPERTY
The land referred to in this commitment is situated in the county of
King, state of Washington, and described as follows:
That portion of the north half of the northeast quarter of
Section 24, Township 21 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the north corner;
thence east 1047.36 feet;
thence south 16 feet to the TRUE POINT OF. BEGINNING;
thence south 212.9 feet;
thence east parallel to the north line 474.32 feet;
thence north 160 feet;
thence east 38 feet;
thence north 52.9 feet;
thence west 512.32 feet to the point of beginninG.
TOGETHER WITH an easement for ingress and egress for road purposes
established under Recording Number 4191984 over that portion of the
north 16 feet of the north half of the northeast quarter of said
Section 24, adjoining to said premises on the north and running east
to "C" Street Southwest as deeded to King County Recording Number
811998.
Ordinance No. 4916
Exhibit "A"