017-05 - Resolution - Amendment to Special Use Permit for Reconfiguration of AntennasCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 017-05
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING AN AMENDMENT TO A
SPECIAL USE PERMIT AUTHORIZING THE
RECONFIGURATION OF ANTENNAS ON AN EXISTING
COMMUNICATIONS TOWER
Legal Description: The NE V. of the SW V. of Section 25,
Township 24 N Range 1E., W.M., Kitsap County,
Washington. Full legal exhibit "A"
Kitsap County Assessors Parcel Number 252401-3-044-2000.
WHEREAS, on March 18, 2005, the City received an application (SUP 1051-Al)
from Verizon Wireless (the "Permittee") asking to amend a special use permit to allow for the
reconfiguration of antennas on its communications tower; and
WHEREAS, the Planning Commission held a public meeting on June 20, 2005 to
consider whether the proposed amendment complied with the criteria for a special use permit,
as set forth in Chapter 83, Section 4 of the Zoning Ordinance; and
WHEREAS, the Planning Commission has adopted Resolution No. 03-05
recommending approval of the application, a copy of which is attached as Exhibit B; and
WHEREAS, the City Council held a public hearing on June 27, 2005, at which
time testimony from the public and the permittee was taken; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Council adopts the findings and conclusions set forth
in Planning Commission Resolution 03-05 as its own, a copy of
which is attached as Exhibit B; and
FURTHER THAT: The application (SUP 1051-Al) to amend the
existing special use permit to reconfigure the antennas on the
existing 80 foot communications tower is approved, subject to the
seven (7) conditions set forth in Exhibit C.
Resolution No. 017-05
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 11th day of July 2005.
ATTEST:
KIM E. ABEL, MAYOR
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Resolution No. 017~05
Exhibit A
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I LEGAL DESCRIPTION J
rAPORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST ~
QUARTER OF SECnON 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.
CONVEYED BY AUDITOR'S FILE NO. 1087137, RECORDS OF KITSAP
COUNTY, WA., DESCRlBEO AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 1"1 0'06" WEST ALONG WEST LINE THEREOF .
A DISTANCE OF 445,00 FEET; THENCE SOUTH 88'59'52" EAST A ·.·
DISTANCE OF 86.06 FEE1 TO THE INTERSECTION WITH THE WESTERLY
RIGHT OF WAY MARGIN OF MITCHELL AVENUE; THENCE NORTHERLY
ALONG SAID MARGIN A DISTANCE OF 453.21 FEET TO THE
INTERSECTION WITH THE NORTH UNE OF SAID SUBDIVISION; THEN
NORTH 88'59'52" WEST ALONG SAID NORTH LINE A DISTANCE OF 4.52
FEET TO THE POINT OF BEGINNING;
AND ALSO, LOTS 21 TO 29, BLOCK 1, CLINES ADDITION TO SIDNEY,
ACCORDING TO PLAT. THEREOF, RECORDED IN VOLUME 1 OF PLATS,
PAGE 29, RECORDS OF KITSAP COUNTY, WASHINGTON; I
TOGETHER WITH VACATED HEMLOCK AVENUE (CITY OF PORT ORCHARD
ORDINANCE NO. 940).
Resolution No. 017~05
Exhibit B
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 03-05
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THE APPROVAL OF AMENDMENT TO A SPECIAL USE
PERMIT (SUP 1051-Al) AUTHORIZING THE RECONFIGURATION OF THE
ANTENNAS ON THE EXISTING 80FT. COMMUNICATIONS TOWER
LEGAL DESCRIPTION: The NE '/.i of the SW Y4 of Section 25, Township 24n, Range
IE., W.M., Kitsap County Washington; assessor's account number: 252401-3-044-2000;
located at 700 Mitchell Ave, Port Orchard, W A 98366.
WHEREAS, in October, 1990, the City Council adopted Resolution 1549, approving the
issuance of a Special Use Permit (SUP-I 051) to allow for the construction of a 80 foot
PCS telecommunicatiorr facility located at 700 Mitchell Avenue; and
WHEREAS, on March 18,2005, the City received an application (SUP-1051 AI) from
Verizon Wireless (the "Permittee") to remove one 16ft. and one 12ft. existing omni-
. directional antennas from the existing structure and add six 8ft. and three 4ft. panel type
antennas; and
WHEREAS, the Planning Commission held a Public Meeting for the proposal on June
20, 2005to consider whether the proposed amendment complied with the criteria set forth
in Chapter B3: Permitted, conditional, and special use tables of Ordinance No. 1748,
Zoning Ordinance of the City of Port Orchard,; and
WHEREAS, the proposed purposes of the special use request is to accommodate the
community interest to maintain and slightly increase the coverage area of the existing
facility to meet the demand for wireless services; and
WHEREAS, there will be no modification to the existing compound, equipment shelter,
or other portions of the existing and surrounding site; and
WHEREAS, the existing facilities are in compliance with all requirements of the City
Codes and the application demonstrates compliance with the Goals and Policies
expressed in the City Comprehensive Plan; and,
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PORT ORCHARD CIT\' OF RESOL $24 [1@ 1:1tsap co. 11H
WHEREAS, the Planning Commission heard all testimony in favor of the proposal and
none in opposition from the applicants and the community; and therefore
CONCLUSION, Based upon the facts, testimony, staff report and materials and
revisions presented at the meeting, we therefore conclude the application conforms to the
requirements of the Zoning Ordinance and as such, is found to be a furtherance of the
health, safety, morals, and general welfare of the goals of the community and the City's
Comprehensive Plan,
BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby
respectfully recommends that the Council approve a request by the applicant for SUP
1051-Al subject to the seven conditions of approval outlined in the staff report.
PASS ED this 20'h day of June 2005.
ATTEST:
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Planning Director
CITY OF PORT ORCHARD
PLANNING COMMISSION
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Gil Michael, Chair
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PORT ORCHARD CITY OF RESOL $24 t)[t Ki !sop Lo, 11H
Resolution No: 017,05
Exhibit c
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.
2. Neither the support structure or antenna array{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. The antenna array(s) shall be painted a color that best allows it to blend into the
surroundings. The use of grays, blues and greens will often be appropriate. However,
the color shall be approved by the Planning Director.
6. Neither the support structure or antenna array{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.
7. Abandonment. If the WTF is 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 WTF and 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 three (3) month extension period.
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