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Res 95-219 , . ¡ RFSOLUTION NO. 95-219 ARFSOLUTI~OFTIŒCITYCO~C~OFTIŒCITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS, THE CELLULAR COMMUNICATIONS FAC~ITY IN TIlE BELMOR MOB~E HOME PARK AS REQUESTED BY US WEST/NEW VECTOR GROUP; (FEDERAL WAY FILE NO. UPR 95-0011, FEDERAL WAY HEARING EXAMINER NO. 95-11). WHEREAS, US/WEST New Vector Group ("Applicant") is a public utility with leasehold interest in a fifty foot (50') square parcel of property within the southeast comer of the Belmor Mobile Home Park located at 2101 South 324th Street, Federal Way, Washington ("Property"); and WHEREAS, the Applicant is proposing to develop a cellular communications facility on the Property consisting of a one hundred foot (IOO') tall steel monopole tower with a maximum antenna configuration of five (5), thirteen foot (13') tall whip antennas, twelve (12) eight foot (8') tall panel antennas, plus a possible six foot (6') diameter microwave dish all mounted onto a triangular platform located on top of the monopole, and a 1,288 square foot air conditioned equipment building ("Application"); and WHEREAS, the Property is zoned Residential Multifamily ("RM-36oo"), and under RM-3600 zoning, public utilities are approved uses subject to Process III review and approval pursuant to Federal Way City Code ("FWCC") section 22-678; and WHEREAS, a determination of non-significance ("DNS") was issued by the City of Federal Way's Responsible Official for this application on June 20, 1995, pursuant to the FWCC and the State Environmental Policy Act ("SEPA") and the DNS was not appealed; and Res.# 95-2l? Page#~ COPfl WHEREAS, all public notices having duly been given pursuant to FWCC Section 22-480; and WHEREAS, pursuant to FWCC Section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the Application on August 1, 1995; and WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued Findings, Conclusions and Recommendations with Conditions on August 14, 1995; and WHEREAS, the City Council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon approval, denial and modification of the Application pursuant to the FWCC; and WHEREAS, FWCC Section 22-490(d) contains decisional criteria for the Federal Way City Council's consideration of a Process III application; and WHEREAS, this matter having been considered by the Federal Way City Council Land Use/Transportation Committee at its meeting on September 18, 1995, for the purpose of issuing its recommendation for conditional approval of the Application to the full City Council; and WHEREAS, the City Council having considered the written record and the recommendation of the Hearing Examiner, pursuant to FWCC Section 22-490 on this date; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Res. # 95-2l9, Page#~ Section 1. Findines of Fact. Conclusions and Decision. The Findings, Conclusions and Recommendation contained in the recommendation of the Federal Way Land Use Hearing Examiner issued August 14, 1995, following a public hearing held on August 1, 1995, a copy of which is attached as Exhibit" A" and incorporated by this reference ("Recommendation"), which included a recommendation to approve the Application for the communications facility subject to conditions, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council. Section 2. Application Ap'proval. Based upon the Federal Way City Council's Findings of Fact and Conclusions of Law, as adopted by the City Council pursuant to Section 1 herein, the Application for the US WEST/New Vector Group Cellular Communications Facility in the Belmor Mobile Home Park, Federal Way File No. UPR 95-0011, Federal Way Hearing Examiner No. 95- I I, is hereby approved subject to the conditions contained in the Recommendation. Section 3. Conditions of Ap.proval Integral. The conditions of approval of the Application are all integral to each other with respect to the Federal Way City Council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded back to the City of Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, Res. # 95-2l9, Page#~ safety and general welfare and applicable City ordinances, rules and regulations and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affmned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of October , 1995. CITY OF FEDERAL WAY ~'~ ~ vYrl n¿¿J MA OR, RY E. GATES ~FORM ø~ - , L\J~LL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\RESO\BELMOR (95-348) 09-26-95 1()-{)3-95 95-2l9 Res. # 95-2l9, Page#~ CITY OF FEDERAL WAY (r"H~BIT - A PAûE OF OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) SEATTLE-CEEJAY CELL-SITE) US WEST NEW VECTOR/ ) BELMOR - PROCESS III) ) FWHE#: 95-11 UPR94-0011, SPR94-0021, SEP95-0012 I. SUMMARY OF APPLICATION The applicant proposes to construct a cellular communications facility within the Belmor Mobile Home Park consisting of a 100 foot tall steel monopole tower, with maximum antenna configuration of five 13 foot high whip antennas and twelve 8 foot tall panel antennas mounted onto a triangular platfonn atop the monopole, plus possible 6 foot diameter microwave dishes mounted on the monopole, 12' X 24' air-conditioned equipment building, one parking space, and 6 foot tall chain link fencing. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: August I, 1995 August 14, 1995 At the hearing the following presented testimony and evidence: 1. Deb Barker, City of Federal Way, Associate Planner 2. Andy King, US West, 4127 Meridian Ave. N., Seattle, WA 98103 3. Debra Adams, US West, 33501 61st Ave. SE, Bellevue, WA 98009 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments. III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Department staff report sets forth general findings, SEA TILE CEEJA Y CELL SITE BELMOR PARK AUGUST 14, 1995 PAGE - 2 applicable policies and provisions in this matter, and is hereby marked as Exhibit 1 and incorporated in this report by reference as though set forth in full herein. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. 4. The applicant has acquired a leasehold interest in a 50 foot square (2,500 square feet) parcel of property located at the northeast comer of the Belmor Mobile Home Park within the City of Federal Way. The site is located within the Recreational Vehicle (RV) storage area of the mobile home park adjacent to the Interstate Five (1-5) right-of-way. 5. The applicant is in the business of providing cellular phone service throughout the.,State of Washington to include the 1-5 corridor. Cellular phone technology requires line of sight communication between both cellular towers and cellular phone users. Cellular communications is a growing industry with more and more people using cellular phones. US West and other cellular phone service providers must provide facilities necessary to accommodate the increased demand. 6. US West has identified a low area along the 1-5 corridor in Federal Way between its existing towers south of Costco and at around S. 3 12th St. This area has both line of sight problems and capacity problems. 7. The applicant is proposing to construct a 100 foot tall, steel monopole tower with five 13 foot high whip antennas, 12 eight foot tall panel antennas, and two six foot diameter microwave dishes. A 288 square foot, one story equipment building will be located approximately ten feet from the center of the antenna. The applicant will install two air- conditioning units within the building, but will have no back-up diesel motor. The maximum height of the tallest antenna is 113 feet above the ground. The entire site will be enclosed by a six foot high chain link fence, and the only utility services to the site will be telephone and electrical power. The Federal Aviation Agency is not requiring lighting or stripping of the tower. 8. The site is located within the RM-3.6 zone classification of the Federal Way City Code (FWCC). Public utilities are authorized in said zone classification upon Process III review and approval. Public utilities are limited in height to 30 feet above average building elevation. The applicant is requesting Process III review to allow the cellular tower at the proposed location as well as a variance to the 30 foot height limitation. 9. The FWCC grants the Examiner authority to approve height variances if the applicant establishes that the request meets all four variance criteria set forth in Section 22-198 FWCC. Findings on each criteria are hereby made as follows: SEATTLE CEEJA Y CELL SITE BELMOR PARK AUGUST 14, 1995 PAGE - 3 C. D. A. Approval of the height variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. It is not uncommon for public utilities, such as broadcast towers and electrical transmission lines, to be taller than buildings. In order to function, cellular communication relay facilities must be taller than surrounding improvements. Granting a height variance for a cellular tower and antennas in this location is not inconsistent with granting variances for cellular facilities in other areas of the city. If the city desires cellular service for its citizens, then variances must be granted for towers to accommodate cellular technology. Furthermore, a 100 foot tall water tower and 145 foot tall BPA power lines are located in the vicinity. B. The variance is necessary because of special circumstances relating to. the size, shape, topography, location, and surroundings of the property. If there were convenient hills located periodically along 1-5, perhaps smaller towers could be utilized. However, since cellular telephone technology works on line of sight transmission, the tower height must exceed surrounding buildings and topographic features. The proposed location is adjacent to 1-5 and is intended to serve the 1-5 corridor. Granting the variance will provide the site and the surrounding area with cellular phone service, which is also a service available to other properties within the city. Granting the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone. The Federal Communications Commission (FCC) requires the applicant to eliminate any noise or interference which occurs from operation of the site. If a television set or radio experiences interference from the tower, the applicant must either correct the problem or disable the cellular site. Conditions of approval require that the monopole, antennas, and microwave dishes be painted in a color that will blend the facility with the horizon and sky. The FAA is not requiring a light on the top of the tower nor stripping of the tower. The tower is hardly visible from the city's central business district and can only be seen by mobile homes in the immediate area. The tower is 110 feet from the nearest mobile home, and the lower portions of the structure to include the equivalent building will be screened by Type I landscaping. Furthermore, studies conducted by the applicant establish that there is no scientific basis for any health concerns about radiation from cellular telephone facilities. The special circumstances of the property are not a result of the actions of the owner, but are the unique requirements of the cellular technology combined with the topography of the area. These circumstances require than in order to provide SEATTLE CEEJA Y CELL SITE BELMOR PARK AUGUST 14, 1995 PAGE - 4 10. 11. B. C. effective cellular service, a tower of the height and location proposed is necessary. Section 22-678 FWCC sets forth the special regulations for location of public utilities within the RM-3.6 zone classification. Paragraph 2 states that utilities may be permitted only if necessary to permit effective service to the area. As previously found, the tower must be located on this site in order to provide effective coverage for the 1-5 corridor. A 100 foot tall water tower is located near SR-99 in the general vicinity, but is too far to the west to provide the coverage needed. Subsection 3 requires that the facade of the structure not exceed 50 feet in length. The tower and building will present a 24 foot long facade in the both the north/south direction and the east/west direction. Process III review criteria is set forth in Section 22-487 FWCC. Process III require~ that the Examiner hold a public hearing and then make a recommendation to the Federal Way City Council which will then make a final decision upon the application. The criteria used to evaluate the recommendation is set forth in Section 22-490(D) FWCc. Findings on each criteria are hereby made as follows: A. The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP). The site is located within the Business designation of the FWCP which is intended to provide centralized areas for retail services and professional office uses. This area is defined as the center of the city providing services to a subregional population base. Businesses and professional persons are main users of cellular phone technology, and a communications facility will provide enhanced services. The concentration of cellular availability within the central business district is consistent with the comprehensive plan. The proposed tower is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. As previously found, the proposal meets the criteria for location of public utilities within the RM-3.6 zone classification as set forth in Section 22-678 FWCC. The location of the cellular tower is consistent with the public health, safety, and welfare. As previously found, scientific studies establish that there are no health risks associated with cellular communications. Cellular telephones maintain an important role in maintaining vital communication links in coordinating emergency responses and reenforcement of highway safety in addition to day to day communications. SEATTLE CEEJAY CELL SITE BELMOR PARK AUGUST 14, 1995 PAGE - 5 IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the proposed 113 foot high cellular communications tower and antennas satisfies the criteria set forth in Section 22-198 FWCC such that a height variance may be granted. 3. The applicant has also established that the proposed cellular communications tower and equipment building satisfies the decisional criteria set forth in Section 22-490(d) FWCC. Therefore, the Federal Way City Council should approve construction of the facility subject to the following conditions: A. The monopole, antennas and microwave dishes shall be painted in a matte color that merges the tower facilities with horizon and sky. Grey-blue or light grey colors are acceptable. B. Type I landscaping, 15 feet in width, shall be planted along all sides of the easement area. C. All recommendations contained in the report from AGRA Earth and Environmental, Inc. dated March 29-1995 shall be incorporated into the site plan approval for building permit. RECOMMENDATION: It is hereby recommended to the Federal Way City Council approve the variance and location of the cellular communications tower subject to the conditions contained in the conclusions above. .., 10-1.--- DATED THIS ~ DAY OF August, 1995. RIGHTS TO RECONSIDERATION AND CHALLENGE THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the request to those persons who have a right to challenge under ( Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (l4) ",:,:,' (' calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (l4) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (l4) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the ( response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council.