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012-05 - Resolution - Amendment to Special Use Permit for Telecommunications MonopoleCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 flt:F'c¥'2trc~c ~~b~~~~~~~os Rerecorded due to error on page three, subsection 8 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT (SUP-1081) AUTHORIZING THE REPLACEMENT OF AN EXISTING 60FT. TELECOMMUNICATIONS MONOPOLE WITH A 113 FT. MONOPOLE THAT WILL SUPPORT UP TO FOUR (4) CARRIERS' ANTENNAS. Tax Account No. 252401-3-008-2004 Legal Description: The NE V. of the SW V. of Section 25, Township 24n, Range 1E., W.M., Kitsap County Washington Attachment "A" -Full Legal Description WHEREAS, on June 8, 1998, the City Council adopted Resolution 1812, approving the issuance of a Special Use Permit (SUP-1081) to allow for the construction of a 60 foot PCS telecommunication facility on a 450 sq. ft. leased area on a , 74 acre parcel located at 851 Mitchell Avenue; and WHEREAS, on August 26, 2004, the City received an application (SUP-1081 A1) from Cingular Wireless (the "Permittee") to 1) replace the existing 60 foot monopole with a 113 foot monopole that will support up to four (4) carriers' antennas; and 2) to expand the existing fenced area by 200 square feet to accommodate the new pole and radio equipment cabinets (referred to herein as the "new facility"); and WHEREAS, on February 26, 2005, a Determination of Nonsignificance was issued under WAC 197-11-340(2); and WHEREAS, after holding a public meeting on March 21, 2005 to consider whether the proposed amendment complied 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, the Planning Commission made certain findings and conclusions and recommended approval of the amendment; and Resolution No. 012-05 Page 2 of 5 WHEREAS, the purpose of this amendment is to address the increased need for telecommunications service area coverage; and WHEREAS, the City Council held a public hearing regarding the amendment request on April 11, 2005 to take testimony, review materials and consider all information presented; and WHEREAS, being fully advised, the City Council finds and concludes as follows: TESTIMONY AND EXHIBITS The City Council bases its Findings and Conclusions upon the following exhibits and testimony that it finds to be relevant, credible, and persuasive. 1. The City Staff Report dated April 11, 2005. 2. The Findings and Conclusions of the City Planning Commission. 3. E-mail correspondence from the Washington Department of Fish & Wildlife re parrots in Port Orchard. 4. Glynis Casey, Associate Planner, provided an overview of the Staff Report and the recommendations therein. 5. 6. 7. Ron Meckler of the Alaris Group, a consultant for Cingular Wireless, spoke on behalf of the permit application. Patrick Lucas, citizen, testified regarding the potential for the facility to interfere with radios, televisions and stereo systems. Catherine Clark, citizen, spoke in regard to the rescue and rehabilitation of the parrots. FINDINGS AND CONCLUSIONS Based on the testimony and evidence, the City Council adopts the findings and conclusions of the Planning Commission as its own, a copy of which are attached hereto as Attachment B and incorporated by this reference. WHEREFORE THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS: THAT: For the reasons set forth in the Findings and Conclusions attached hereto as Attachment B, the City Council approves the application of Cingular Wireless for an amendment to Special Use Permit SUP-1081 to allow for the replacement of an existing 60 foot monopole with a 113 foot monopole, to increase the existing fenced area by 200 square feet, and to allow for additional equipment cabinets, subject to the following conditions of approval: Resolution No. 012-05 Page 3 of 5 1. A building permit shall be obtained prior to the installation of the new facility. 2. Prior to the issuance of a building permit, the Permittee shall obtain a permit from the Washington Department of Fish and Wildlife to capture and remove a nest of Quaker parrots located on the existing monopole and the Permittee shall capture and remove said parrots in full compliance with the permit's terms and conditions. 3. The area that the Permittee leases from the property owner shall be surveyed, and recorded. 4. If separate from the leased area, an access easement shall be delineated on the site plan and recorded with the lease agreement. 5. The leased area shall be fenced to a maximum height of 6 feet. Fencing shall be located inside of any required landscaping. 6. Landscaping for the new facility shall be approved with the issuance of the building permit. A Performance bond meeting the requirements of Section 22 Chapter C4 of the Zoning Ordinance shall be submitted and approved prior to final construction plan approval. 7. 8. 9. 10. Only lighting required by Federal Aviation Administration (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. The new facility shall comply with the Kitsap County standards for noise levels in residential areas. During generator testing, noise levels shall not exceed five (5) dBA above ambient noise levels when measured at the property boundaries; generator testing is allowed only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. The new facility shall comply with the Federal Communications Commission's standards for public exposure to radio frequency energy. The new facility shall be painted a color that best allows it to blend into the surroundings. However, the Planning Director prior to the structure being painted shall approve the color. Resolution No. 012-05 Page 3 of 5 1. A building permit shall be obtained prior to the installation of the new facility. 2. Prior to the issuance of a building permit, the Permittee shall obtain a permit from the Washington Department of Fish and Wildlife to capture and remove a nest of Quaker parrots located on the existing monopole and the Permittee shall capture and remove said parrots in full compliance with the permit's terms and conditions. 3. The area that the Permittee leases from the property owner shall be surveyed, and recorded. 4. If separate from the leased area, an access easement shall be delineated on the site plan and recorded with the lease agreement. 5. The leased area shall be fenced to a maximum height of 6 feet. 6. 7. 8. 9. 10. Fencing shall be located inside of any required landscaping. Landscaping for the new facility shall be approved with the issuance of the building permit. A Performance bond meeting the requirements of Section 22 Chapter C4 of the Zoning Ordinance shall be submitted and approved prior to final construction plan approval. Only lighting required by Federal Aviation Administration (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. The new facility shall comply with the Kitsap County standards for noise levels in residential areas. During generator testing, noise levels shall not exceed forty-five ( 45) dBA above ambient noise levels when measured at the property boundaries; generator testing is allowed only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. The new facility shall comply with the Federal Communications Commission's standards for public exposure to radio frequency energy. The new facility shall be painted a color that best allows it to blend into the surroundings. However, the Planning Director prior to the structure being painted shall approve the color. I \IIIII IIIII \IIIII 11\llllll\\ll PORT ORCHARD CITY OF Resolution No. 012-05 Page 4 of 5 11. 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 allowed. 12. In the event the Permittee renews its lease with the property owner, the Permittee shall submit a copy of the letter of intent to renew the lease to the Planning Director. If the Permittee's lease is terminated or if the new facility is abandoned, then within five (5) business days of such termination or abandonment, the Permittee shall report this information to the Planning Director. The Permittee shall include documentation of the date that use of the new facility was discontinued. The Permittee shall remove the abandoned new facility 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 new facility. If the abandoned new facility is not removed and the site restored within the specified time frame, the City may conduct the removal and/or restoration at the Permittee's expense. If there are two (2) or more users of the new facility, then this condition shall not become effective until all users cease using the new facility. 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 25th day of April 2005. KIM ABEL, MAYOR Attest: f~G-cki~ rn~_Af)~ Michelle Merlino, Deputy City Clerk llllllllllll/1/llllllllllllllll 1111111111111111 ~~~-~53~n°001 PORT ORCHARD CITY OF RE 'C So, 8_.! c88,, 88 • 88A o IL $24.88 K1 \sap Co, I<A Attachment "A" Legal Description Resolution No. 012-05 Page 5 of 5 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 THE 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 WOUTHEAST 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 DESCRIBES 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.