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1812 - Resolution - Special Use Permit to Western WirelessCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 1812 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO WESTERN WIRELESS FOR PROPERTY LOCATED AT 851 MITCHELL AVENUE FOR A SPECIFIC USE OF A PARCEL OF PROPERTY WHICH IS IN HARMONY WITH THE VARIOUS ELEMENTS OR OBJECTIVES OF THE COMPREHENSIVE PLAN AND IS NOT DETRIMENTAL TO EXISTING USES PERMITTED IN THAT PARTICULAR ZONE. Tax Account No. 252401-3-008-2004 Legal Description: Section 25, Township 24 North, Range 1 East Full legal description: Attachment "A" WHEREAS, the City Planning Commission has held the required public hearing in accordance with the criteria set forth in Chapter 6 (Special Use Permits) of Ordinance No. 1469, Zoning Ordinance of the City of Port Orchard, and; WHEREAS, the City Planning Commission has recommended approval of the Special Use Permit application to Western Wireless to allow a PCS telecommunication facility and construct a 60-foot tall monopole cellular tower, 9 panel -type antennas, and an electronics cabinet, located 851 Mitchell Avenue and has recorded with the City Clerk their decision setting forth their findings and recommendations, and WHEREAS, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation, and WHEREAS, the City Council did hold a public hearing on May 26, 1998 to take testimony, review materials and consider all information presented, now, therefore, THE CITY COUNCIL. OF THE CITY OF PORT ORCHARD DOES HEREBY approve the issuance of a Special Use Permit to allow a PCS telecommunication facility and construct a 60-foot tall monopole cellular tower, 9 panel -type antennas, and an electronics cabinet, located 851 Mitchell Avenue with 10 conditions: 1. A building permit shall be obtained from the Building Department prior to installation. Resolution No. 1812 Page 2 of 2 2. No exterior lighting shall reflect on adjoining residential properties. 3. A landscaping and lighting plan shall be submitted and approved prior to building permit issuance. The landscaping plan must include a minimum of 5-gallon size evergreen shrubs to screen the facility from Mitchell Avenue. The existing trees and shrubs on the south side of the facility must be maintained and replaced if they become diseased or die. Landscaping consistent with what is planted on the west and north will be planted on the south and east sides of the facility. Western Wireless will maintain all the landscaping that they plant. 4. A copy of the recorded, modified and expanded easement agreement shall be submitted to this office prior to issuance of a building permit. 5. An address shall be issued for this facility prior to building permit issuance. 6. The final monopole design must incorporate a strobe light at the top of the pole for helicopter safety shielded from adjacent residences. 7. The terms of the Special Use Permit shall commence within 180 days from the effective date of approval. If the time limit for development expires and development has not commenced, or the use permitted by the does not exist, the permit shall be considered void. No notice need be given nor hearing held. 8. The applicant shall replace any dead or diseased landscaping found on the site within one (1) year of planting. 9. The monopole shall be painted a non -glare green or similar color to blend with the surrounding landscape. 10. The pole shall be designed to allow future co -location of personal communication services. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of June, 1998. LESLIE J. WEATHERILL, MAYOR Michelle Merlino, Deputy Clerk Resolution No. 1812 Attacrrnent "A" LEGAL DESCRIPTION WESTERN WIRELESS CORPORATION ORCHARD HEIGHTS SEBRING SE-6004-A The property is legally described as follows: I: - That portion of the Southeast Quarter of the Southwest Quarter, Section 25, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at a point 380 feet north of the southwest corner of said southeast quarter of the southwest quarter; THENCE east 335 feet; THENCE north 120 feet; THENCE west 335 feet; THENCE south 120 feet to the point of beginning; together with that portion of vacated street adjacent on west as would attach by law; EXCEPT therefrom the following described tract: Beginning at a point 380 feet north of the southwest corner of the southeast quarter of the southwest quarter, Section 25, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; THENCE running easterly approximately 30 feet to that certain road known as described as the Mitchell Unsurveyed County Road; THENCE northeasterly along said county road approximately 125 feet to a point which is 45 feet, more or less, east of Hemlock Avenue; THENCE easterly along said line to Hemlock Avenue, a distance of 45 feet, more or less; THENCE southerly along said Hemlock Avenue, 120 feet to the point of beginning; EXCEPT Mitchell Road. 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