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.