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HomeMy WebLinkAbout4992Return 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. CONDITIONAL USE PERMIT (ORDINANCE NO. 4992) 2. 3. 4. I Reference Number!s) of Documents assigned or released: ~l[--IAdditional reference # s on page of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of 2. 3. 4. Grantee: (Last name first) ~: U.S. WEST COMMUNICATIONS Legal Description (abbreviated: i.e. lot, block, plat or section township, range) LOT 6 BLOCK 4 CHRISTOPHER GARDEN TRACTS AND LOT F BLOCK 4 CHRISTOPHER GARDEN TRACTS, SECTION 1 TWP 21 N, RANGE 4 E [] Additional legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number: 158060-0265 [] Assessor Tax # n~t yet assigned 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. 9~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY THAT CONSISTS OF AN 80- FOOT HIGH MONOPOLE WITH SIX ANTENNAS ON PROPERTY ZONED M-2 (HEAVY INDUSTRIAL) LOCATED AT 25 30TH STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0004-97 dated March 27, 1997, together with site plans therefore, has been submitted to the City of Auburn, Washington, by U.S. WEST COMMUNICATIONS, requesting a Conditional Use Permit to allow the construction of an 80-foot high tower (monopole), with six (6) antennae, to be used as a "Personal Communications Service" facility, on at 25 30th hereinafter property zoned M-2 (Heavy Industrial) located Street NE, within the City of Auburn, Washington, 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 June 17, 1997, at the conclusion of which the Hearing Examiner recommended the Ordinance No. 4992 July 14, 1997 Page 1 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 approval of the the construction that consists of an antennae, on property 25 - 30th Street NE, issuance of a Conditional Use Permit to allow of a wireless telecommunications facility 80-foot high monopole with six (6) zoned M-2 (Heavy Industrial) located at within the City of Auburn City of Auburn, Washington; and WHEREAS, the City Council, on July 7, 1997 within the considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow the construction of a wireless telecommunications facility that consists of an 80 foot high monopole with six (6) antennas on property zoned M-2 (Heavy Industrial) located at 25 30th Street NE, within the City of Auburn, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT The applicant, U.S. West, is requesting a Conditional Use Permit to allow the construction of an 80 foot high tower (monopole), 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 in front of an existing building at 25 - 30th Street NE. Ordinance No. 4992 July 14, 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 o The property is zoned M-2, Heavy Industrial, and pursuant to Section 18.34.040(P), of the Zonin9 Ordinance, radio and television transmitting towers may be permitted in the M-2 zone subject to the issuance of a conditional use permit. The Plannin9 Director has determined that the Personal Communications Services facility is comparable to a radio and television tower; therefore, a conditional use permit could be processed for the Personal Communications Services facility. The tower will have attached to it six panel antennas which measure 42 inches long by 4 inches wide and thick. There will also be four equipment cabinets at the base of the structure. The cabinets will be 5 feet tall and located within a fenced area of 9.5 ft. by 12 ft. 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 80 foot tower must set back 35 feet from the side and rear property lines and an additional 35 feet from the front yard setback. The site plan indicates the 35 foot setbacks are able to be provided. The Auburn Municipal Airport is located to the southeast of the proposal. The end of the runway is located approximately 1000 feet away from the tower. The Landing Field District (Chapter 18.38 of the Zonin9 Ordinance) limits the height of structures near the airport. Pursuant to section 18.38.060 the maximum height of a structure at this point would be about 117 feet. The 80 foot high structure and antennas will be under the airport height limitation. The applicant should also contact the Federal Aviation Administration (F.A.A.) for their review of the project. Ordinance No. 4992 July 14, 1997 Page 3 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 7 o o The City of Auburn on April 3, 1997 imposed a six month moratorium on facilities of these types. The purpose of the moratorium is to establish better regulations to more effectively review these facilities. The subject application was received by the City on March 27, 1997 and therefor will be processed under the regulations in effect prior to the moratorium. The contents of the case file #CUP0004-97, and the environmental file # SEP0018-97, of this project, are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW 2 o The permit may be approved. It is consistent with the following criteria necessary to grant the permit as set forth in Section 18.64.040 of the Zoning Ordinance. 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. 3 o There are no adverse affects associated with the proposal in that it does not generate a traffic or utility demand as well as 80 foot high structures are permissible in the M-2 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 Ordinance No. 4992 July 14, 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 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 Zonin9 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. Eighty foot high structures are permitted in the M-2 zone and this tower would be consistent with that provision. The surrounding property is also industrial which provides for significant sized buildings. 6. 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 wireless telecommunications facility that consists of an 80 foot high monopole with six (6) antennas on property zoned M-2 (Heavy Industrial) located at 25 30th Street NE, within the City of Auburn, Washington, is approved. Ordinance No. 4992 July 14, 1997 Page 5 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 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ~ The above cited of Fact and Conclusions, Ordinance. ~ A Conditional Use to allow the construction of facility that consists of an (6) antennas on property zoned M-2 at 25 30th Street NE, within the King, State of Washington, Hearing Examiner's Findings are herewith incorporated in this Permit is hereby approved a wireless telecommunications 80 foot high monopole with six (Heavy Industrial) located City of Auburn, County of legally described as follows: Lot 6 Block 4, Christopher Garden tracts, according to the plat thereof recorded in Volume 23 of Plats, page 6, in King County, Washington. Lot F, Block 4, Christopher Garden Tracts, according to the plat thereof recorded in Volume 23 of Plats, page 6, in King County, Washington, more particularly described as: the north 305 feet of south 335 feet of the east 132 feet of Government Lot 4, Section 1, Township 21 North, Range 4, East, W.M. Ordinance No. 4992 July 14, 1997 Page 6 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 ~e~C_t~i~/k_~_~ 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_t~i~]~_~_~ The tower shall be a pale gray or blue. color shall be approved by the Planning Director. north, west and The A 35 foot setback shall be provided ~rom the east property lines. The total setback from the south property line shall be ~JLiD]~__~_~ A building construction of the facility. Prior to the 65 feet. permit is required for the issuance of the permit Sections 3, 4 and 5 shall be satisfied. ~Li~B_/. 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. ~. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 4992 July 14, 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 ~9_~. This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: ATTEST: CHARLES A. BOOTH MAYOR Robin Wohlhueter, City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 4992 July 14, 1997 Page 8