HomeMy WebLinkAbout4963Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Ordinance No. 4963
2.
3.
4.
Reference Number(s) of Documents assigned or released: NONE
r-lAdd t ona reference # s on page of document
Property Owner(s) (Last name first, then first name and initials)
1. Western Coating
2.
3.
4.
Grantor: (Last name first)
1. City of Auburn
2.
3.
4.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lot 3 of Auburn Short Plat No. SP-4-82
[] Additional legal is on page 2 of document.
Assessor's Property Tax Parcel/Account Number:
132104-9099
f-] Assessor Tax # not yet ass gned
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
ORDINANCE NO. 4 9 ~ ~
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 120
FOOT HIGH TOWER STRUCTURE TO BE USED AS A PERSONAL
COMMUNICATIONS FACILITY ON PROPERTY ZONED M-1 (LIGHT
INDUSTRIAL), LOCATED AT 301 LUND ROAD, WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0006-96 dated December 13,
1996, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by GTE, requesting a
Conditional Use Permit to allow the construction of a
high structure to be used as a
facility on property zoned M-1 (Light
the Western Coating property, 301
of Auburn, Washington, hereinafter
the Ordinance; and
WHEREAS, said request
120 foot
personal communications
Industrial), located at
Lund Road, within the City
described in Section 2 of
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 March 18, 1997, at the
conclusion of which the Hearing Examiner recommended the
Ordinance No. 4963
April 9, 1997
Page 1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
approval of the issuance of a Conditional Use Permit to allow
the construction of a 120 foot high structure to be used as a
personal communications facility on property zoned M-1 (Light
Industrial), located at the Western Coating property, 301 Lund
Road, within the City of Auburn, Washington,; and
WHEREAS, the City Council, on February 3, 1997,
considered said request and affirmed the Hearing Examiner's
decision for the issuance of a Conditional Use Permit to allow
the construction of a 120 foot high structure to be used as a
Industrial),
Road, within
personal communications
located at
the City
following Findings of Fact and Conclusions,
facility on property zoned M-1 (Light
the Western Coating property, 301 Lund
of Auburn, Washington, based upon the
to-wit:
FINDINGS OF FACT
The applicant is requesting a Conditional Use Permit to
allow the construction of a 120 foot high tower, with
antennae, to be used as a "Personal Communications
Service" facility. Personal Communications Services are
wireless phones, pagers, caller I.D., etc. The proposal
is to be located on the west of an existing building at
301 Lund Road.
Ordinance NO. 4963
April 9, 1997
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
4 o
6 o
7 o
The property is zoned M-I, Light Industrial, and pursuant
to Section 18.32.040(I), of the Zoning Ordinance, radio
and television transmitting towers may be permitted in
the M-1 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 array that
is divided into three sectors. Each sector is
approximately 13 feet wide. Each sector will have
attached to it four antennae. Each antenna is
approximately 53 inches tall and 6 inches wide. There
will also be two radio equipment cabinets at the base of
the structure.
The height limit in the M-1 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 120 foot tower must set back 75 feet from the rear
and side property lines and an additional 75 feet from
the front yard setback. The site plan indicates the 75
foot setbacks are able to be 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, #CUP0006-96, and the
environmental file, #SEP0041-96, of this project, are
hereby incorporated by reference and made part of the
record of this hearing.
Ordinance No. 4963
April 9, 1997
Page 3
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
CONCLUSIONS OF LAW
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.
o
4 o
There are no adverse affects associated with the proposal
in that it does not generate a traffic or utility demand
as well as 120 foot high structures are permissible in
the M-1 zone if proper setbacks are provided for.
The proposal is in accordance with the goals, policies
and objectives of the Comprehensive Plan.
The Comprehensive Plan at Goal 15, objective 15.1 and
15.2 and Policy PU-6 speak to the provision of private
utilities. These facilities should be allowed to meet
the needs of the community and must address visual
quality and safety. As the conditioned the proposal will
be consistent with this policy.
The proposal complies with all requirements of the Zoning
Ordinance.
The application and site plan indicate that all Zoning
Code requirements are able to be met.
The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character, an
appearance with the existing or intended character of the
general vicinity.
One hundred twenty foot (120) high structures are
permitted in the M-1 zone and this tower would be
consistent with that provision. The surrounding property
Ordinance No. 4963
April 9, 1997
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
o
is also zoned M-1 which provides for significant sized
buildings.
The proposal will not adversely affect the public
infrastructure.
There are no adverse affects identified upon 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 120 foot high structure to be used as a
personal communications facility on property zoned M-1 (Light
Industrial), located at the Western Coating property,
Road, within the City of Auburn, County of King,
Washington, is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
of
301 Lund
State of
CITY OF AUBURN,
~ The above cited Hearin9 Examiner's Findings
Fact and Conclusions, are herewith incorporated in this
Ordinance.
~-~ A Conditional Use Permit is hereby approved
to allow the construction of a 120 foot high structure to be
Ordinance NO. 4963
April 9, 1997
Page 5
used as a personal communications facility on property zoned
M-1 (Light Industrial) located at the Western Coating
'
property, 301 Lund Road, within the City of Auburn, County of
King, State of Washington, legally described as follows:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Lot 3 of Auburn Short Plat No. SP-4-82,
recorded under Recording No. 8204270720,
records of Kin9 County, Washington.
Situate in the County of King, State of
Washington.
~9_~. 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.
~9_~. The tower shall be painted a pale
blue and the colors shall be approved by the
Director.
north, west and south property lines. The
the east property line shall be 95 feet.
this
~ray or
Planning
A 75 foot setback shall be provided from the
total setback from
~-~. Upon the passage, approval and publication of
Ordinance as provided by law, the City Clerk of the City
Ordinance No. 4963
April 9, 1997
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
of Auburn shall cause this Ordinance to be recorded in the
office of the Kin9 County Auditor.
~L~_C~. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~. 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:
ATTEST:
CH/LRLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
Ordinance No. 4963
April 9, 1997
Page 7
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
APPROVED AS TO FORM:
City Attorney
PUBLISHED:
Ordinance No. 4963
April 9, 1997
Page 8