031-06 - Resolution - Conditional Use Permit for Parcel Located at 700 Mitchell AvenueCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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RESOLUTION NO. 031 -06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING A CONDmONAL USE PERMIT (CUP-019-06)
AUTHORIZING THE CO-LOCATION OF THREE DORADUS PANEL
ANTENNAS AND TWO MICROWAVE DISHES ON AN EXISTING 90
FT. CELLULAR TOWER ON A PARCEL LOCATED AT 700 MITCHELL
AVENUE.
Tax Account No. 252401-3-044-2000
Legal Description: The SW 1f4 of Section 25, Township 24N,
Range 1E., W.M., Kitsap County Washington
WHEREAS, on July 24, 2006, the City Council held the required public hearing in
accordance with the criteria set forth in Chapter B3: Permitted, conditional, and special use
tables of Zoning Ordinance 1748 of the City of Port Orchard and in the Planning and
Development Procedures established under Resolution No. 1844, and in conformance with
ESHB 1724, and;
WHEREAS, the City Council took testimony, reviewed materials and considered
all information presented, and recommended approval, with conditions of a Conditional Use
Permit to allow for the co-location of three Doradus Panel antennas at the 60 ft. level and two
Radiowave Microwave dishes at the 54 ft. level, on an existing 90 ft. tall cellular tower, and;
WHEREAS, the proposed purpose of this request is to provide for new wireless
internet service for public use of Clearwire wireless internet service over an approximate one
square mile area within Port Orchard, and;
WHEREAS, On July 17, 2006, the City Planning Commission held the required
public meeting, reviewed materials and considered all information presented, and
recommended to approve the issuance of a Conditional Use Permit, CUP019-06 with conditions,
and;
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and testimony
from the applicants' representative found to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
Resolution No. 031-06
Page 2 of 3
a. City Council Agenda Staff Report dated July 24, 2006, together with Attachments 1
and 2.
b. List of amended conditions submitted by the Planning Commission in Resolution 012-
06.
FINDINGS AND CONCLUSIONS
Based on the above testimony and exhibits, the City Council finds and concludes as
follows:
FINDINGS
1. The site (700 Mitchell Ave) is designated High Density Residential in the
Comprehensive Plan.
2. The site is zoned Residential 8 (R8).
3. An application for a Conditional Use Permit was received on March 9, 2006. The
applicant is requesting approval to co-locate additional antennas on a previously
permitted cellular tower.
4. The proposed reconfiguration will place additional antennas with GPS at the 60 ft.
level of the existing tower and microwave antennas at the 54 ft. level to provide
internet service to the City and surrounding areas. An additional 7 ft. by 7 ft.
equipment cabinet shall be added to the existing compound, which is fenced and
screened from the surrounding areas.
5. The South Kitsap Fire & Rescues Fire Prevention Office has completed a review of the
application requesting modification of the Special Use Permit for the facility located
at 700 Mitchell. South Kitsap Fire & Rescue has no immediate concerns with this
project at this time
6. Frontage improvements meeting City standards including drainage improvements,
sidewalk and gutter are in place.
7. Landscaping is in place.
8. The proposal is in compliance with the applicable Comprehensive Plan goals and
policies.
9. The proposed modification as conditioned is consistent with the applicable Zoning
requirements.
RECOMMENDATION: Approval with the following conditions:
1. Only lighting required by FAA regulations, as documented by a letter from that
agency, is allowed on the support structure. Where lighting is required by FAA
regulations, the light source shall be hooded or directed to shield adjacent
properties, except where prohibited by FAA regulations.
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Resolution No. 031-06
Page 3 of 3
2. Neither the support structure nor antenna(s) shall be painted or attached with signs,
symbols, logos, flags or similar markings. UL certification tags, manufacturer's
contact information, and similar small tags not visible at a distance are ok.
3. No equipment shall be operated so as to produce noise in violation of City or State
Noise Ordinances.
4. The Applicant shall maintain all facilities. Such maintenance shall include, but not be
limited to painting, structural integrity and landscaping. In the event the applicant
fails to maintain the facility, the City may undertake such maintenance at the
expense of the applicant or landowner.
5. Abandonment. If the new antennas are abandoned, it shall be reported immediately
to the Planning Director by the service provider. The service provider shall include
documentation of the date that use of the WTF was discontinued. The service
provider shall remove the abandoned antennas and, if necessary, restore the site
features to their pre-existing condition within six (6) months of the abandonment,
unless another service provider commits to using the site/facility. If the abandoned
WTF is not removed and the site restored within the specified time frame, the City
may conduct the removal and/or restoration at the service provider's expense. If
there are two (2) or more users of a single WTF, then this condition shall not
become effective until all users cease using the WTF. If another service provider
has committed to continue the use of the discontinued WTF, an extension of up to
three (3) · months beyond the six (6) month removal deadline may be granted
provided that:
a. A letter of intent to operate the abandoned facility is submitted to the City by the
new service provider;
b. The WTF is put into service, or an application for a WTF has been submitted
within the thee (3) month extension period.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Interim City Clerk in authentication of such passage this 14th day of August 2006.
KIM E. ABEL, MAYOR
~ATTEST: ---~!71Ai~
Michelle Merlino, Interim City Clerk
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