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)
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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
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3.
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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
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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
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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
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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
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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
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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
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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
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~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
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~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
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