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1655 - Resolution - Special Use PermitRESOLUTION NO. 1655 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO BREMERTON CELLULAR TELEPHONE COMPANY FOR PROPERTY LOCATED IN THE VICINITY OF 2220 POTTERY 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. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY RESOLVE: THAT: Whereas the City Planning Commission has held the required public hearings 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 application by Bremerton Cellular Telephone Company, located in the vicinity of 2220 Pottery Avenue and has recorded with the City Clerk their decision setting forth their findings and recommendations. NOW, THEREFORE, the City Council of the City of Port Orchard does adopt Planning Commission Resolution No. 205-93, (Attachment "A") with Findings, Facts and Conclusions as their own and does hereby approve the issuance of a Special Use Permit to allow a 120 foot tall, steel monopole with four antennas and a 336 square foot equipment shelter, with the following conditions: 1. The communications facility shall be built according to the submitted plot plan and elevations. This Special Use Permit does not authorize any future additions to the facility which must be reviewed separately. 2. Electrical service shall be underground to conform with the standard set by the neighborhood. 3. A building permit shall be obtained prior to any construction on the site. 4. This Special Use Permit is granted on condition that Variance #1076 is also granted for the site. 5. Prior to the issuance of any building permits, any concerns CenCom may have must be resolved. Resolution No. 1655 Page 2 of 2 6. A lighting plan shall be submitted and approved prior to placement of outdoor illumination and shall be oriented away from neighboring residences. 7. A landscaping plan shall be submitted to City Planner detailing screening from school playground and screening from elevation facing Highway 16. LEGAL DESCRIPTION: "B" 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 24th day of January, 1994. 1, �- � u � .';L. • —mac_. _._..._. LESLIE J. WEATHERILL, MAYOR Patricia Parks, City Clerk Resc tion No. 1655 Atta-.,ment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 205--93 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT TO CONSTRUCT A COMMUNICATIONS FACILITY CONSISTING OF A 120 FOOT TALL, STEEL MONOPOLE WITH FOUR ANTENNAS AND A 336 SQUARE FOOT EQUIPMENT SHELTER AT 2220 POTTERY AVENUE, AS SUBMITTED BY BREMERTON CELLULAR TELEPHONE COMPANY. LEGAL DESCRIPTION: See Exhibit A WHEREAS, the applicant has requested a special use permit to allow the construction of a communications facility consisting of a 120 foot tall, steel monopole with four antennas and a 336 square foot equipment shelter at 2220 Pottery Avenue, and WHEREAS, a Public Hearing was held on Monday, 20 December 1993, and the Planning Commission considered the findings and facts of the proposal, testimony, and materials presented at the Hearing; and WHEREAS, the proposed monopole is not unsimiliar in appearance to telephone and light poles which are found in all residential zones and precedence has been set by a US West communications tower which is located within the Residential High Zone; and ,WHEREAS, the monopole, as demonstrated in supporting documentation provided by the applicant and as conditioned, will not be detrimental to the public health, safety, or welfare or injurious to property and improvements in the vicinity and therefore will be in conformance with the objectives of the Comprehensive Plan. WE THEREFORE FIND: that the proposed special use permit to allow the construction of a communications facility consisting of a 120 foot tall, steel monopole with four antennas and a 336 square foot equipment shelter at 2220 Pottery Avenue is compatible with surrounding land uses and will not have a detrimental effect on adjacent properties. CONCLUSION: Based on the facts, testimony, and materials presented at the hearing, we therefore conclude that the special use permit to allow the construction of a communications facility consisting of a 120 foot tall, steel monopole with four antennas and a 336 square foot equipment shelter is in harmony with the general purposes of the zoning Ordinance and the Comprehensive Plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests the City Council approve a special use permit for the property located at 2220 Pottery Avenue with the following conditions: Resolution No. 1655 ' tachment "A" 1. The communications facility shall be built according to the submitted plot plan and elevations. This special Use Permit does not authorize any future additions to the facility which must be reviewed separately. 2. Electrical service shall be underground to conform with the standard set by the neighborhood. 3. A building permit shall be obtained prior to any construction on the site. 4. This Special Use Permit is granted on condition that Variance rt1076 is also granted for the site. 5.' Prior to the issuance of any building permits, any concerns CenCom may have must be resolved. 6. A lighting plan shall be submitted and approved prior to placement of outdoor illumination and shall be oriented away from neighboring residences. PASSED this 20th day of December 1993. CITY OF PORT ORCHARD PLANNING COMMISSION 0. John Hokanson, Chairman ATTEST: 'Do,� A, 11w1-- Donna M. Brown, Planner solution No. 1655 i—tachment "B" That Portion of the following tracts, lying Easterly of State Highway No. 14: Parcel. A: The NE 1/4 of the NE 1/4 of Section 3, Township 23 N, Range 1E, W.M., in Kitsap County, WA: Except the N 18 Acres: Except that Portion conveyed to the State of WA for primary State Highway No. 14 by deed recorded December 19, 1955, under Auditor's File No. 630830: and Except Roads. Parcel B: The N 1/2 of the SE 1/4 of the NE 1/4, Section 3, Township 23 N, Range 1F, W.M., in Kitsap County, WA: Except the N 30 feet and the E 50 feet thereof: and Except that Portion conveyed to the State of WA for primary State Highway No. 14 by deed recorded December 19, 1955, under Auditor's File No. 630835: Together with vacated Portion of Roadways joining above -described property attaching thereto by Operation of Law under ordinance No. 780 of the City of Port Orchard. Together with that Portion of excess right-of-way conveyed by deed under Auditor File Nos. 7803300116 and 8204270105: Except that Portion conveyed for State Highway No. 16 under deed No. 7709090008. Both Parcels situate in Kitsap County, WA.