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HomeMy WebLinkAbout49161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, said request the issuance 1 approval of the issuance of a Conditional Use Permit to allow 2 the construction of a 60-foot high antenna support structure 3 for a wireless telecommunications facility on property zoned 4 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 . 3 5 o 8 o 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 Page 3 1 2 3 9. 4 5 10. 6 7 8 9 10 11 1. 12 13 2. 14 15 16 17 18 19 3. 20 21 22 23 4. 24 25 26 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 PaDe 4 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o o 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 Page 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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"