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1549 - Resolution - Special Use PermitRESOLUTION NO. 1549 V A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO US WEST NEWVECTOR GROUP, INC. FOR PROPERTY LOCATED ON MITCHELL AVENUE ACROSS FROM SOUTH KITSAP HIGH SCHOOL 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 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 US West NewVector Group, Inc. located on Mitchell Avenue across from South Kitsap High School, 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. 153-90, with Findings, Facts and Conclusions as their own and hereby approves the issuance of a Special Use Permit to allow an 80 foot communications tower for cellular telephones and an equipment building, and set additional conditions: (1) Prior to the issuance of any building or excavation permits, the tower foundation will be designed by a professional engineer using data from an on -site soil investigation; (2) Prior to the issuance of a building permit, the City will be provided with a letter from the Federal Aviation Administration stating that the tower is in compliance with its regulations; (3) A means of access for fire response acceptable to the Fire Department shall be provided; (4) A concrete sidewalk and gutter, per City standards and necessary drainage improvements shall be constructed for the length of the property; (5) vision - obscuring landscaping be placed along the perimeter of the building and the tower enclosure to lessen the visual impact to the adjacent properties, in accordance with the conditions imposed by Ordinance No. 1469, Chapter 6. LEGAL DESCRIPTION: Section 25, Township 24 North, Range 1 East WM, Kitsap County: Lots 21-29 Block 01 Tom Clines Addition to Sidney according to plat recorded in Volume 1 of plats, page 29 in Kitsap County, Washington and that portion of the SE 1/4 SW 1/4 in Section 25, Township 24, North, Range I East, W.M., DAF: Beg at the NW cor of the SE 1/4 of the SW 1/4 in said Sec 25; the S 1*10'06" W along Resolution No. 1549 Page Two the W line of said subdivision 445.00'; th S 88*59'52" E 86.06 feet to an intersection with the West right-of-way margin of Mitchell Avenue; th Northerly along said margin 453.21 feet to an intersection with the North line of said subdivision; th N 88*59'52" West along said North line 4.52 feet to the Point of Beginning; Situated in Kitsap County, Washington, and that portion of Hemlock Street which has been vacated and lies between the above described parcels. 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 27th day of August, 19 0. LESLI J. WEATHERILL, MAYOR ATTEST• Patricia Hower, City Clerk CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 153-90 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER ON MITCHELL AVENUE ACROSS FROM THE SOUTH KITSAP HIGH SCHOOL AS SUBMITTED BY US WEST NEWVECTOR GROUP, INC. LEGAL DESCRIPTION: Situate in Section 25, Township 24 North, Range 1 East, Kitsap County: Lots 21 through 29, Block 1, Tom Clines Addition to Sidney. WHEREAS, the applicant has requested a special use permit to construct a communications tower and an equipment building to enhance cellular telephone service for US West, and WHEREAS, the public hearing was held on 16 July 1990, and the Planning Commission considered the findings of fact, the testimony and materials presented at the hearing, and WHEREAS, a SEPA environmental checklist was submitted and received a declaration of non --significance, and WHEREAS, the property is zoned Residential High and a communications tower is considered a compatible neighborhood use which is permitted in this land use classification upon issuance of a special use permit. WHEREAS, the proposed use is in harmony with the objective of the comprehensive plan and is not detrimental to existing uses, and WHEREAS, the site is adequate to accommodate the proposed use, CONCLUSION: based on the findings of fact, testimony and materials presented at the public hearing, we therefore conclude that the granting of the special use permit, as submitted, would be in harmony with the general purposes and intent of the Zoning Ordinance and Comprehensive Plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby requests that the City Council approve the special use permit, as submitted with the following conditions: 1. Prior to the issuance of any building or excavation permits, the tower foundation will be designed by a professional engineer using data from an on -site soil investigation. Resolution No. 153-90 1 of 2 2. Prior to the issuance of a building permit, the City will be provided with a letter from the Federal Aviation Administration stating that the tower is in compliance with its regulations. 3. A means of access for fire response acceptable to the Fire Department shall be provided. 4. A concrete sidewalk and gutter, per City standards, and necessary drainage improvements shall be constructed for the length of the property. 5. Either vision -obscuring landscaping or a vision -obscuring fence be placed along the perimeter of the building and the tower enclosure to lessen the visual impact to the adjacent properties. PASSED this 16th day of July 1990. CITY OF PORT ORCHARD PLANNING COMMISSION 0. John Hokanson, Chairman ATTEST: Ruth Strube, Secretary Resolution No. 153-90 2 of 2 plan staff rpts/uswest.res