HomeMy WebLinkAbout4381 • ' ' . RECEIVcD IHtS DAtf ` '
. ;:ItY. C RK'S OFFICE �
CITY F AUBURN 89i12•'12 #0342 �
25 est Main RECC� �' 11 .00
Auburn WA 98001 QEC �L � � ��� R.ECFEE 2. 00
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1 OR��i fEE>�NO.���3 r3 8 1 SS
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2 AN ORDINANCE OF THE CITY g��ALfBU�12N, WASHINGTON, PROVIDING FOR
3 A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A SEVENTY
FOOT CELLULAR TELEPHONE TOWER ON PROPERTY ZONED M=2 AND
4 LOCATED AT 412 8TH STREET S.W. , WITHIN THE CITY OF AUBURN,
WASHINGTON.
5 WHEREAS, Application No. CUP0005-89 dated September 1,
6 1989, together with site plans therefore, has been submitted
� � to the City of Auburn, Washi:ngton, by DAVID and PHYLLIS
�'
� 8 GIBONEY and US WEST/NEW VECTOR COMMUNICATIONS, requesting a
� 9 Conditional Use Permit to allow construction of a seventy (70)
� 10 foot cellular telephone tower on property zoned M-2
� 11
� (Industrial) and located at 412 8th Street S.W. , within the
12 City of Auburn, Washington, hereinafter described in Section 2
13 of the Ordinance; and
�4 WHEREAS, said request above referred to, was referred to
15 the Hearing Examiner for study and public hearing thereon; and
16 �EREAS, the Hearing Examiner, based upon staff review,
17 held a public hearing to consider said petition in the Council
1S Chambers of the Auburn City Hall, on October 17, 1989, at the
19 conclusion of which the Hearing Examiner recommended the
Z� approval of the issuance of a Conditional Use Permit to allow
21 construction of a seventy (70) foot cellular telephone tower
22 on property located at 412 Sth Street S.W. , based upon the
23 following Findings of Fact and Conclusions, to-wit:
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26 Ordinance No. 4381
Page 1
November 14, 1989
• 'G�T'Y IERK'S OFFIC@
CIT OF AUBURN
2 Weat Main
Aub n, Wq 98001
1
2 FINDINGB OF FACT
3
4 1. The applicants, David and Phyllis Giboney and US
West/NewVector Cominunications applied for a
5 Conditional Use Permit to allow a 70 foot high
cellular phone tower.
6 2 . The tower would be located on property zoned M-2
� (Industrial) and located at 412 8th Street S.W. in
Auburn. The subject piopeity is designated for
8 heavy industrial uses by the Comprehensive Plan and
land in all directions contains similar zoning and
� 9 Comprehensive Plan designations.
� 3. The evidence establishes that radio and television
Q 10 transmission towers are permitted in an M-2 zone
¢1 11 subject to the requirements of a conditional use
� permit.
� 12
� 4 . An administrative determination has been made by the
� 13 Planning Director that telephone transmission towers
are comparable to radio and television towers and
14 therefore a conditional use permit could be
processed for a telephone facility.
15 5. The tower as proposed is 7.0 feet in height.
16 However, at the time of the public hearing the
applicant submitted a copy of an application to the
17 FAA for approval of the tower and it was determined
that the tower, in addition to being 70 feet in
18 height, includes two whip antennae which are
approximately 13 feet high resulting in a total
19 height of 83 feet.
20 6. Prior to the public heari.ng it was the Planning
Depaitment's understanding that the entire structure
21 including the whip antennae, would be 70 feet in
height. The proposal is located to the rear of an
22 existing building and will be accessed through an
existing paved driveway.
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_ 26 Ordinance No. 4381
Page 2
November 14, 1989
• , �: dTY CLERK'S OFFICE .
• CI OF AUBURN �
2 West Main
Aubu n, WA 98001
1 7 . The Zoning Code limits height in the M-2 zone to 45
2 feet and that height can be exceeded to the extent
that there is 1 foot of setback provided for each
3 foot that the structure exceeds 45 feet. Therefore
if the structure is 70 feet high, it must be set
4 back 25 feet from the rear and side property lines,
and these setbacks have been provided to the extent
5 that there are whip antennae 13 feet high,
additional setbacks must be provided.
6 8 . The Auburn Municipal Airport is located
� approximately 1.7 miles to the north and therefore
review and approval by the Federal Aviation
� 8 Administration is reguired.
� 9 9. The staff report with its recommendation of
conditional approval is incorporated herein by
� 10 reference as though set forth in full.
�
� 11 CONCLIISIONS OF LAW
� 12
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13 1. The applicant has established that the use will have
no more of an adverse effect on the health, safety,
14 or comfort of persons livinq or working in the area
than a use permitted outright in the M-2 zone.
15 There are no anticipated adverse effects associated
with the proposal since it does not generate or
16 utility demand. In addition, 70 foot high
structures are permissible in the M-2 zone if proper
1� setbacks are provided for.
18 2 . The proposal complies with the goals, policies and
objectives of the Coaiprehensive Plan since it is the
19 intended purpose of the Heavy Industrial area to
also p=ovide for outside activities.
2O 3 . The proposal complies with the requirements of the
21 Zoning Ordinance and can be constructed so as to be
harmonious and appropriate in clesign, character and
22 appearance with the existing or intended charactei
of the vicinity.
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26 Ordinance No. 4381
Page 3
November 14 , 1989
� . - . �� Y ::LERK'S OFFICE �
ITY OF AUBUflN
25 West Main
� hurn, WA 98001
1 4 . There is no showing that the proposal will adversely
2 affect the public infrastructure.
3 5. To the extent that the applicant wishes to exceed 70
feet in height by including the 13 feet whip
4 antennae, it will be necessary to provide additional
setbacks.
5
6 For each of the above referenced reasons, the
� recommendation of the Hearing Examiner to the Auburn City
8 Council on this Conditional Use Permit to allow for
9 construction of a seventy (70) foot cellular telephone tower
(� 10 is approved and affirmed upon the condition that the applicant
� 11 shall obtain approval from the FAA, the Plannin_g Director
(� 12 shall approve the color the tower shall be painted, and if
�
� 13 applicant chooses to include the 13 foot whip antennae and
� increase the height of the structure from 70 to 83 feet, and
�p 14
15 requiring additional setbacks.
16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
1� WASHINGTON, DO ORDAIN AS FOLIAWS:
18 Section 1. The above cited Hearing Examiner's Findings
19 of Fact and Conclusions, are herewith incorporated in this
20 Ordinance.
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26 Ordinance No. 4381
Page 4
November 14, 1989
� ;;ITY C RK'S OFFICE
CITY F AUBURN
25 aet Main
Aubur WA 96001
1
2 Section 2. A Conditional Use Permit is hereby approved
3 subject to the conditions specified herein, to allow for
4 construction of a seventy (70) foot cellular telephone tower
5 on property zoned M-2 (Industrial) located at 412 8th Street
6 S.W. , situate in the City of Auburn, County of King, State of
� Washington, and legally described as follows:
� 8 That portion of the North 1/2 of the
� Northeast 1/4 of Section 24, Township 21
� 9 North, Range 4 East, W.M. , in King County,
Washington, described as follows:
� Beginning at the North quarter-corner;
10 thence South 88°28'17" East 1047 .36 feet;
p� thence South 02°26'15" West 16. 00 feet to
� 11 the True Point of Beginning; thence South
� 02°26' 15" West 212 .90 feet; thence South
12 gg^Zg�17" East, parallel to the North line
13 474. 32 feet; thence North 02°26' 15" East
160. 00 feet; thence South 88°28' 17" East
14 38. 00 feet; thence North 02 °26'15" East
52 .90 feet; thence North 88°28'17" West
15 512 .32 feet to the True Point of
Be.ginning. TOGETHER WITH an easement for
16 ingress and egress over that portion of
the North 16 feet of the North 1/2 of the
1� Northeast 1/4 of said Section 24,
adjoining to said premises on the North
18 and running East to !'C!' Street S.W. , as
conveyed to King County by deed recorded
19 under Recording No. 811998.
20 Section 3. The Conditional Use Permit is conditional
21 approval subject to the following conditions:
22 A. The applicant shall obtain approval from the FAA.
23 If the FAA requires special lights or markings,
these shall be approved by the Plannin_g Director.
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26 Ordinance No. 4381
Page 5
November 14, 1989
; ' • � . �ITY CLERK'S OFFICE • '
" ' CI Y OF AUBURN
West Main
Aub m, Wq 98001
1
2 B. The tower shall be painted a pale gray or blue and
the colors shall be approved by the Planninq
3 Director.
4 C. , To the extent that the applicant wishes to include
the 13 foot whip antennae and increase the height of
5 the structure from 70 to 83 feet, additional
setbacks will need to be requ.ired. Minor
6 modifications to the site plan can be made without
an additional public hearing provided that the minor
� modifications do not , extend beyond relocating the
structure so that appropriate setbacks to provide
$ the 13 foot whip antennae are provided.
� 9 Section 4. Upon the passage, approval and publication of
� 10 this Ordinance as provided by law, the City Clerk of the City
M11 of Auburn shall cause this Ordinance to be recorded in the
�
Cd 12 office of the King County Auditor.
a°�
� 13 $ection 5. The Mayor is hereby authorized to implement
14 such administrative procedures as may be necessary to carry
15 out the directions of this legislation.
16 $ection 6. This Ordinance shall take effect and be in
17 force five days from and after its passage, approval and
1$ publication as provided by law.
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26 Ordinance No. 4381
Page 6
November 14, 1989
' . ' ;IT CLERK'S OFFICE
�� Y OF AUBURN
5 West Main
Au rn, WA 98001
1 INTRODUCED• ,�I-�[l -U /
2 Q�
3
PASSED• // �D � U �
4 APPROVED: //� (J � �
5
6
� M A Y
8
9 ATTEST:
�
� 10 O�/� vT/�C.J UV
� 11
�,,� 12 Robin Wohlhuefer, City Clerk
C�2
� 13
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� 14
APPROVED AS TO FORM:
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16 {� `\\{\�\
,♦\Q� /1_�A �KC AAAIAA �
1 Marguerite Schellentraqer,
18 City Attorney
19 /- Q�
2O PUBLISHED: II-� (!�- (� �
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26 Orclinance No. 4381
Page 7
November 14 , 1989