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012-07 - Resolution - Approving Permits and Variances to Allow Placement of a Wireless Communication FacilityRESOLUTION NO. 012-07 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING A CONDillONAL USE PERMIT, A SHORELINE CONDillONAL USE PERMIT (CUP 021-06), A SHORELINE VARIANCE, A VIEW PROTECTION VARIANCE (V 1176), AND A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT (SDP 69-06), TO ALLOW PLACEMENT OF A 100- FOOT WIRELESS COMMUNICATION FACILITY ON A 2.2- ACRE PROPERTY ZONED COMMERCIAL, RETAIL AND OFFICE (CO), WITH A SHORELINE DESIGNATION OF URBAN MARillME. Tax Account No. 342401-2-012-2009 Legal Description: A portion of Section 34, Township 24N, Range 1E., W.M., Kitsap County Washington WHEREAS, the applicant submitted an application for a Conditional Use Permit (CUP), Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, Shoreline Variance for height, and Variance to View Protection Overlay height requirements and a SEPA checklist on April 21, 2006; and WHEREAS, the proposed purpose of this request is to construct a 100-foot cellular tower to provide increased cellular capacity for Verizon customers in the Port Orchard and Bremerton areas; and WHEREAS, the site of the proposed use has Commercial zoning and a shoreline designation of Urban Maritime and requires a CUP and shoreline substantial development permit for cellular towers; and WHEREAS, the proposed use is the type that has limited options for location and alternative locations were explored but found to be insufficient; and WHEREAS, the proposed use is of the type that is allowed within the City and which provides an important and needed service to the citizens of this City and the City of Bremerton; and Resolution No.012-07 Page 2 of 5 WHEREAS, the City Council recognizes the proposed use is an allowed use within the CO zone and that therefore, but for the special circumstance of the property, the use would be permitted as a conditional use; and WHEREAS, the issuance or granting of a CUP is governed by 83 Section 3 of Ordinance No. 1748; and WHEREAS, the issuance or granting of a View Protection height variance is governed by pages 8-9 of the View Protection Guidelines and Requirements; and WHEREAS, the issuance or granting of a Shoreline Master Program variance is governed by Section 4.3 of the Shoreline Master Program; and WHEREAS, the issuance or granting of a Shoreline Master Program conditional use permits is governed by Section 4.2 of the Shoreline Master Program; and WHEREAS, a Determination of Non-Significance was issued on December 2, 2006; and WHEREAS, On January 16, 2007, the City Planning Commission held the required public meeting in accordance with the criteria set forth in Chapter 83: Permitted, conditional, and special use tables of Ordinance No. 1748, Zoning Ordinance of the City of Port Orchard and in the Planning and Development Procedures established under Resolution No. 1844; WHEREAS, the City Planning Commission took testimony, reviewed materials and considered all information presented, and recommended approval, with conditions, of a Conditional Use Permit to allow for the placement of a 100-foot cellular monopole, on a 2.2 acre site located near the western City limits; and WHEREAS, after proper notification the City Council conducted consolidated review of all of the applicant's permit requests at a public hearing held on April 9, 2007; and WHEREAS, the City Council has considered all other relevant facts and has determined that the public interest will be served by the proposed use; and WHEREAS, being fully advised, the Council finds and concludes as follows: TESTIMONY AND EXHIBITS The Council bases its findings and conclusions upon the following Exhibits and Testimony that it finds to be relevant, credible, and persuasive. 1. The following documents were admitted into the record: a. City Council Agenda Staff Report dated April 9, 2007, together with Attachments. b. Planning Commission Staff Report dated January 16, 2007 c. Planning Commission Resolution 002-07 d. SEPA/Hearing notice e. Application materials f. Geotechnical Report Resolution No.012-07 Page 3 of 5 2. Joanne Long-Woods, Planning Director, presented the Council Agenda staff report. 3. Andy King, The Meridian Group, Inc, testified on behalf of the application. FINDINGS AND CONCLUSIONS The Council adopts the findings and conclusions as set forth in the staff report and Planning Commission Resolution number 002-07 as its own, and the same are incorporated by reference. The Council makes the following findings and conclusions based on a review of the entire record: 1. Conditional Use Permit: a. The proposed project will be designed in a manner that is compatible with the character and appearance with the existing, or proposed development in the vicinity of the subject property. b. The proposed project will not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties due to the location, size, and height of buildings, structures, walls and fences, and screening vegetation of the proposed conditional use. c. The proposed project will be designed in a manner that is compatible with the physical characteristics of the subject property. d. The proposed project will mitigate impacts in a manner equal to or greater than the standards of the City codes. e. The proposed project will not conflict with the health and safety of the community. f. The proposed project will not create pedestrian and vehicular traffic that will be hazardous or conflict with existing and anticipated traffic in the neighborhood. g. The proposed project will provide adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities. 2. Shoreline Substantial Development Permit: The proposed project is consistent with the policies and regulations of the Shoreline Management Act., and the City of Port Orchard Shoreline Master Program. 3. Shoreline Conditional Use Permit: The proposed project will not interfere with the normal public use of the shoreline; is compatible with other permitted uses in the area; will not cause significant adverse effects to the shoreline environment; and will not cause the public interest to suffer any substantial detrimental effect. Resolution No.012-07 Page 4 of 5 4. Shoreline Variance for Height: The granting of a variance for height under the SMP is necessary relief due to the unique circumstances of the project and the property such that strict implementation of the height limitations under the Master Program will impose unnecessary hardships on the applicant and thwart the policies set forth in RCW 90.58.020. a. The proposed project will be located landward of the ordinary high water mark; b. The strict application of the bulk, dimensional or performance standards would substantially preclude and interfere with the reasonable use of the property not otherwise prohibited by the SMP; c. The hardship is specifically related to the property and is the result of unique conditions such as lots shape, size and other natural features; d. The design of the project is compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; e. The variance will not constitute a special privilege not enjoyed by other properties in the area, and is the minimum necessary to afford relief; and f. The public interest will suffer no substantial effect. 5. View Protection Overlay-Variance: a. The strict application of the regulations would deprive the subject property of privileges enjoyed by other properties within the view protection overlay district because of the special circumstances applicable of the subject property; b. The granting of the variance would assure consistency with the limitations upon other properties within the view protection overlay; c. The granting of the variance would not be detrimental to the public health, safety, or welfare or create significant adverse effects to the other properties and improvements in the view protection overlay district; d. The granting of the variance would be in conformance with the policies and goals of the Comprehensive Plan; e. The existing views of adjacent property owners would not be obstructed or reduced by more than ten (10) percent horizontal; and f. The granting of the variance would not reduce the Sblar access of neighboring lots. WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: THAT, based upon the recommendations of City staff, the testimony presented at the public hearing, and the findings and conclusions set forth above, the City Council approves the Conditional Use Permit (CUP021-06), Shoreline Substantial Development Permit (SOP 69-06), Shoreline Conditional Use Permit, Shoreline Variance for height, and Variance to View Protection Overlay height requirements; subject to the conditions set forth in Planning Commission Resolution No. 002-07 attached hereto as Attachment "B" together with the following additional condition of approval: Resolution No.012-07 Page 5 of 5 1) Applicant has voluntarily consented to the following; a lighted American flag shall be placed at the top of the pole with the dimensions of 12'x18' as illustrated in Attachment "A", and shall be maintained by the applicant in accordance with the official protocol for the display of the American Flag. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the City Clerk in authentication of such passage this 23rd day of April, 2007. KIM E. ABEL, MAYOR Ill 100'-0" ao' -o· ~o· 0'-Q' 6 T/F'nN Resolution NO. 012-07 A-t::tachment "A" . 'illftiDrrn~~m®lfD©~Ilil CI PAUl J. FORD AND COMPANY STRUCTURAL ENGINEERS .250 East Broad Street· Sult.1500 • Columbut, Ohio 43215 {614J 2.21-6679 www .pjfweb.c:om PO'WIIi" P.-:lucb, liiC. ~4Z7 ltelly Lane Hou1t.on. Texaa 77066 (Z61) 444-TAPP - - rf;:.:::---1 I F~'\ I I \ I I I 1 I _....., I 1 F.:::::::...-!"1 II I I I II I I I If I I I II I I I II I _ I I II ,_...;:::--f)) I ~.-II ~-: :1 -r)' d Ct~--~t ~ -'\__ 12' X 18' FLAG ANTENNA CONCEALMENT CYUNDER / (ffi' OTHERS) 26.625" ACROSS flATS ~ ~ 3/16" X 40.00' (Fy=65} EST Wf = 2.354 KIPS) t~~~ MIN = 43.20" DESIGN = 48. DO" MAX = 53.00" ~ 1/4" X 44.00' (fy=65) EST WT = 3.993 KIPS) 6 JOB DATA Po e 1 of 1 Job No. t-is'<"'y=---=-M-'F-P-------!Oesign No. '--·----'~--------'Date Chk d By Rev. No. 1 Pole 100 FT FLAG POLE Site GORST; KITSAP CO., WA Owner CELLXION 7 VERIZON Ref. No. -44407-0433 07-0795 Rev. Date 04-02-2007 Design 100 MPH_! 87 MPH + ~.(.2 RA ACCORDING TO TIA/EIA-222-F 19 DIAL ICE 96 PRELIMINARY DESIGN -NOT FO R FABRI=CA..;.;T.;.;;IO..;.;N ____ .., L 0 AD CAS CASE 1 1100 MPH WITH NO ICE CASE 2 87 MPH WITH 1 /2" RADIAL ICE CASE 3 50 MPH WITH NO ICE P 0 L E: SPECIFIC l5Cii'e"Sh~e: 18 SIDED POLYGON Taper: U.1 ,j 1250 IN/r I Shaft Steel: ASTM A572 GRADE 65 E S ·-- DESIGN WIND REDUCED WIND WITH ICE OPERATIONAL WIND ATIONS ~1?e PL Steel: ASTM A572 GRADE 50 { 6 0 KSI Anchor Rods: 2 !(4-f/J x 7 0 LONG H18J ASTM A615 .GRADE ANTENNA L No. Elev. Description 1 101.00 Hi BALL I~Ut:K 2 94.00 1 12' X 18' flAG .5 90.00 20' HIGH X 26.625" CYLINDRICAL RAD f>NTENNA FEED UNES RUN INSIDE OF POlE. 100 MPH WINO Lateral Rotation Elevation Deflection (sway) (Inches) (degrees) ao'-o" 16.4 1.6 75 I S ...!T--------1 OME 50 MPH WIND Lateral Deflection (Inches) 4.1 Rotation (sway) (degrees) 0.4- SHAFT SECTION DATA Shaft Sectior 1 2 NOTE: Section Plate Length Thickness (feet) (in.) 40.00 0.1875 44.00 0.2500 Lap S&lice in.) 48.00 Die meter Across Flats (inches) @ To @ Bottom 26.625 31.875 30.975 36.750 DIMENSIONS SHOWN DO NOT INCLUD E GALVANIZING TOLERANCES NFACfORED BASE REACTIONS u \.._ BASE It 1 1/2" X 4-9.750' ROUND (WT. = 0.827 KIPS) W/(4) 2.25"~ ANCHOR RODS EQUJ.J..LY SPACED ON 43. 750" B.C. WITH MIN. 6' -0" MOMENT = 518ft-kips EMBEDMENT INTO PIER (1'1/NUTS & TEMPLATE PLATE @ BOT.) 11GHTEN I'LL ANCHOR ROD NUTS (INCLUDING LEVELING NUTS) TO AISC SNUG TIGHT CONDmON. 36 750" ACROSS FlATS EST. SHAFT + BAS • ® Copyright 2007 by Paul J. F SHt.AR = 9.2 kips AXIAL = 9.8 kips E ft. WT. = 7.2 kigs ord &: Company, All Rights Resarvad