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HomeMy WebLinkAboutPermit L97-0022 - US WEST COMMUNICATIONS - RAINIER VIEW COMMUNITY CLUB CONDITIONAL USEL97 -0022 US WEST COMMUNICATIONS Rainier View Comm. Club 10915 51Ave. So. • PACIFIC CORPORATION December 8, 1997 Michael Jenkins Assistant Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 RECE v D DEC .11 1997 COMM ti Nrry jEVELOPMENT Re: Proposed US West Monopole 10951 51' Avenue South Variance L97-0021, Conditional Use L97-0022 Dear Mr. Jenkins: Per our conversation on December 5', US West Communications, Inc. requests that the City of Tukwila suspend the application process for the proposed monopole referenced above until further notice. It is recognized that the City will not be required to issue a decision within a 120 days of the Notice of Completeness as required by RCW 36.70B.080 and TMC 18.104.130. At this time, US West may pursue other options that may be viewed more favorably by the City and the community. Please call me at 425-451-6555 if you would like to discuss this further. John W. Helmer on behalf of US West Communications, Inc. I 1201 3no AVE. #320 SEATTLE WA 9B101 TEL. '2 LA • "/ • L3 313 FAX. 206•749•9896 CONVERSATION RECORD DATE: i rb / i ict - MON TUE W TIME: �' FRI SUN E TH I 0 A.M. A. P.M. TYPE: ❑ Visit ❑ Conference © Telephone- 0Incoming OOutgoing Name of person(s) contacted or in contact Yoh you: 14%d:i.,M C Organization (office, dept., bureau, etc.) 3P-LA;. 4 -ctrcc FOR OFFICE USE ONLY Telephone'No.: 42-/. uct • lt7 65 Location of Visit/Conference: tA<7 ev4.4 tutu NlGtk-Tcty 144 0 1ID'r'In4ve_Nt X206( SUBJECT: (�''i • 002 -1 13l -t✓ x(000 4 SUMMARY: e4+ cv/t''' ' h ry P Gettls (Cek IN,F'a,l.t.c» rF►i�!�ai^ t�tz0 u ILI"NC_ic 2 \f 1'!J 12- FerPoo.Se-)e T./, -t (.o GAT? ot`.i 1 N R. &t i ( a■J to Ct TN.( (— L-01-T .d , w , c. mil" -�fJ 1.2 A pc -1d1 1F o-6 v t n.e p cop' cv (-2 0- 4-PCN •&) 7P u tir l,l L ;f Signatur Title: Date: r� 4'rau�:�t3vtioa ?r'ti ' `r F� #ia bs2at,r, `fiy ;,url:n d'. e IR .a4.14g444 CONVERSATION RECOR) DATE: A — 4 -1 -7 DAY: THU FRI SAT SUN TIME: D P.M. TYPE: Visit ❑ Conference ❑ Telephone- 0 Incoming 0 Outgoing Name o pers n(s) contacted or in contact with you: \C� CD\\\ /c Organization (office, dept., bureau, etc.) Location of Visit/Conference: FOR OFFICE USE ONLY Telephone No.: 5-7 5 ^ 4 HW. 6 JU UO CO • o. wi J 1- N IL w gQ a, Fw z= zt- oI = U. O LLl Z 0 =.,. SUBJECT: Lsi o \ice, N a n c e a0Z2 CUP SUMMARY: Per rt oc.2a r e v t Ciw-e cQ r Zov'(Zs c1- s . Prcs 4c ** Sc 1,+,4h Gif\ c� 1s-\-wn 10 w, C(+V\ \S c�o\.(T o "D es not. a `1 c) I (,v C Loos of mac° cmmc‘r(\ Signature:(1 ;:•.C;:.•;3:if<s ::+J }Xi, ai^.2. �` GYS' �r�! �`. �i: 2�iit�t 's;�'li.'zL51li�i31;1,1`-i�i9 TitleksG( rem TAR A---- Date: 44-(qq- 1 CITY'IF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT FAX NUMBER: (206) 431-3665 TO: n■GL, Ot DATE: TITLE. W-.tekCt/irk-i- Ne-r- _ FROM: --1,R,P3 Pk-e_e__. I 0 COMPANY: -Evq..„ 1:).eft TITLE: K-t, aT Pioi,n(/K DEPARTMENT: DEPARTMENT: be- x ■ L9G 3 i ,....,...m.. .97,0 0 0 9 0.4900MWOMWW MOOG> WM., FAX NO. 5 -4439 NUMBER OF PAGES TRANSMITiED, INCL. THIS COVER SHEET: 4.,.."4•1•4440.44<i• SENT BY (INITIALS): AWONK ^444:440441,,,V44741.1 AVAOXFAVAAWFAVA4fAK4M,44(44,0,:004., Ave///.4%1/4:140Veeefe (1_9-1_002.-A (_ 9 -1-00.2 I)rn O r\(c w AirA MI cha Zirn \S on c Cii P c. -Q cvl vccnce_. boi Rakiwve )‘P,v.) corni-ni“witO-Akir- c4 \09t5 Sts+ Auc (-Ma Zt t# OAA-Ati WRAA-t€4414-q, rnonopole ctoa. rt.op;osecQ 40 (e- isnizdt.e42 o ,(3.0,-bto,r1 op 41W Gik, ‘‘,LA. VS We4t. 11e_ 0,4-6,eikzog c‘ec,Los-ca oc +AA_ 4,fwet,0 -(x00 t.d2tclA \olo 66e a._ oR- vjoacQ \s/,_ ■,(-■ SoLek-kvbc f\bri,N2A-- ckweuitte-A *to J121 GLS('CD awieuLD *1\i2 Aa.cli■u0 osxca. ciwko-c-k °'(-1 o ,,Gyo cQ \\\e_e_ +0 Alit dlcit -Fnank-s /4.4,weartv.,y4eof .xe/x6514.4o;45,x,c4.1*/ IF THIS COMMUNICATION IS NOT CLEARLY RECEIVED, PLEASE CALL: • DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila WA 98188 .4.1crawfaatacbicaSlioe Office: (206) 431-3670 06/15/90 AM:ratrIA, CITY OF TUKWILA CITY OF RECEIVED Department of Community Development OCT 2 8 1997 Building Division - Permit Center 6300 Southcenter Boulevard, Tukwila, WA 98188 PERMIT CENTER Telephone: (206) 431 -3670 REVISION SUBMITTAL DATE: 7 PLAN CHECK/PERMIT NUMBER: LAl C001l 2 PROJECT NAME: ( MLVt51 'PCB t/U1LFS .& 1 1 l4Y) PROJECT ADDRESS: IOC( I c 5-` A- /Pi S© - CONTACT PERSON: g U \L1) 0-Fah/CA PHONE: ('26�') '7.2,4-- 8 REVISION SUMMARY: '. (�.e,Q./'- .4C T \ j V 5- 1 f\--1 11/2., A-3 .E-1 4t E--7_ SHEET NUMBER(S) 5pft, 4 "Cloud" or highlight al areas of revisions and date revisions. SUBMITTED TO: CITY USE ONLY Bldg Planning;.: ire. Public .Works 3/19/96 FOR OFFICE USE ONLY AilONVERSATION RECORD DATE: j o / I b / ( FRI SAT SUN TIME: 2. dC TYPE: ❑ Visit ® Conference ❑ Telephone — Name of person(s) contacted or in contact with you: 12e10 O' Pet_ y -r,s1( Organization (office, dept., bureau, etc.) l a 1 4-c -s--(04 v c. Location of Visit/Conference: ®.Incoming 0 Outgoing Telephone No.: SUBJECT: (9z7 l�l�z�'r � l , t)v �✓ SUMMARY: A � dl � -ic_c t � het" 0 4-<:;( f 4-er_.-e...cvdt-Ly LAA r.�c t cQ c cal a I f cc.. a .Q-1. u 11•4._ lu-c l AL 1 A Vc-t, a. e- - 1:76 O - ,uvort ' kce-Lic.--f--- 7- 7 et-44-144,467 . re w J0• 00 t co o in w J 1 W.. wO g Q. w ZH I-O Z t— LU ut 0. 0 N. 0 wuj 1—` O: ..Z' ~ O: z • ..r City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director November 10, 1997 Marcus Handler The Walter Group 1109 First Ave Seattle, WPi, 98104 Re: Statics of project at 10915 - 51st Ave S. Dear Marcu4: I received and reviewed the revised plans for the U.S. West Wireless Project, forwarded to me on October 28, 1997. These revised plans were in response to my July 3, 1997 letter which provided a list of outstanding items concerning the proposal. These revised plans appear to be complete in meeting the additional information requirements, however specific comments will be made below. The following is the current status on each of the applications for this proposal. SEPA A Determination of Non - Significance was issued on July 3, 1997. Outstanding issues related to that determination that must be addressed prior to the issuance of a building permit include: a. Per Tukwila Undergrounding Code [TMC 13.08], no overhead wires are allowed.. b. A Street -Use Permit will be required for any work performed in the City's right -of -way. c. Trees and shrubs with invasive root systems are not allowed within 30 feet of the public sewer or drain pipe [TMC 14.12.280]. d. The geotechnical report must address the existing sanitary sewer line on the west side of property in order to comply with city code and to insure no negative impacts on the existing sewer due to construction. The geotechnical report must also address any potential settlement that may occur that would affect the sewer system. A land altering permit may be required. 6300 Southcenter Boulevard, Suite #100 o Tukwila, Washington 98188 0 (206) 431 -3670 • Fax (206) 431-3665 �...:} � ° November 10, 1997 Marcus Handler Re: L97- 0021/L97- 0022/E97 -0010 VARIANCE: As you will recall from my July 3, 1997 letter f indicated that i did not believe that a variance would be granted. My concerns are that your application and' supporting materials fail to specifically respond to the criteria in the code (TMC 18.72.020). Unless specifically addressed with solutions that indicate how the request for additional height meets the criteria, a recommendation for denial will be made to the Planning Commission CONDITIONAL USE PERMIT: The following list restates the items pertaining to the Conditional Use Permit (outlined in my July 3, 1997 letter) with a brief description of each item's status: 1. • A minimum of 14 parking spaces (30% may be devoted to Compact Parking). Required parking for Community Clubs is a minimum of 1 space for every 100 square feet of assembly area (TMC 18.56.050). Since the assembly y area in the Rainier View Community Club is 690 s.f., the required minimum number of parking spaces is 7. Of these 7 spaces, 2 spaces (30 %) may be devoted to Compact parking. The 7 required parking spaces (2 compact and 5 standard spaces) can all be located along the west property line. This eliminates the need for Parking Space #6 (as shown on Sheet A -1). See Item 3 below for a discussion regarding handicap parking. Sheet E1 -D should also be revised as it pertains to parking space locations. 2. One loading space for a commercial use (TMC 18.56.060) This requirement has been waived. The new use created by the installation of the US West Wireless project will not create a need for a loading space on the site. 3. A handicapped parking space (TMC 18.56.080) This requirement has been waived. The Rainier View Community Club is , not handicap accessible and there are no handicap parking spaces currently on site. The new use created by the installation of the US West ' � Wireless project will not, in itself, create such a need. 4. Bicycle parking and an appropriate location (TMC 18.56.130) These requirements appear to have been satisfied per the revised plans. . • November 10, 1997 Marcus Handler Re: L97-0021/L97-0022/E97-0010 5. All turning and maneuvering space to be located on private property, unless specifically approved by the BAR or Public Works Director (TMC 18.56.040(5)(b)) There is adequate turning and maneuvering space on private property for stalls located along the west property line. Parking Space #6, however, does not have adequate turning and maneuvering space. As discussed in Item 1 above, Space #6 may be removed from its proposed location (as shown on Sheet A -1). Q Li 2 u6M'. UO o (fl wI. J 1.-: N 6. All driveways to rear parking at least 12 feet in width with a w 0. minimum of a three foot sidewalk adjoining the building and raised at least 6 inches (TMC 18.56.040(5)(d)) a_ ?. za 1- _ Z �- 0 Z w: 0 —: 0I- 8. The project does not comply with landscape code requirements for v uses in the HDR zone, as a 10 foot landscape border is required on 0 the side and rear property lines. -I The driveway along the north property line meets these standards. `.'. Although the driveway along the south property line is only 10 feet wide, it is an existing, non - conforming use. A sidewalk for the south access will not be required. 7. :.I All off - street parking or loading facilities shall be paved (18.56.050(7)(a)) This requirement has been met. A 10 foot landscape border has been provided for along the west property line. However, the Planting Plan (Sheet L -1) shows the concrete pad encroaching approximately 2 -1/2 feet into the south landscape border. If the ground equipment can be vaulted below ground, this may reduce the size of the concrete pad. Your application is now scheduled fora hearing before the Planning Commission on January 22, 1997. All information relative to the staff report, including the information on the need fora variance, should be submitted by January 5, 1997. Feel free to contact me at 431 -36,85 if you have any questions. Sincerely, •;i / rZ. Michael Jenkins Assistant Planner ' . CONVERSATION RECORD DATE: ' / el - TYPE: ❑ Visit ❑ Conference game of person(s) contacted or in contact «4,414,4-- Organization (office, dept., bureau, etc.) Tt4 (kJ et (it-r v (.a v c 1 location of Visit/Conference: MC7N WED THU F SAT SUN TIME: 7 •.oc, ®' Telephone — 0 Incoming t?Outgoing with you: FOR OFFICE USE ONLY Telephone No.:. . 8 3 SUBJECT: (ii/ , o ZI SUMMARY: •••••- (L et i " i l �`T . �ca.�' 7 I cc. -1.1 �y Lc- LA— WA ivi—�i TO T' 12-6 C-8. D, . Cu fi �.� , ��� t -� � -.2‘c -- wc.0 L wA cat -Ca-e* k4,-- vi.n G o f Ti /''Y Fei k2- k^� 'J M Pr rc [ _ i -G Zi 1C� Signature: Title: Date: ei iQ' .e z„? Si S i' Z w, re 2 U O' co V) W W =. J � WO. g ¢.. D. d 1=- _. Z� ZO vim. uy W W' O- Z. U= O z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director September 5, 1997 Marcus Handier The Walter Group 1109 First Ave Seattle, WA 98104 Re: Application fora PCS Base Station, 10915 51st Ave S. Dear Mr. Handler: As you will recall, I sent you a letter of July 3, 1997 outlining my review of the project to date as well as the outstanding issues that need to be resolved with .your proposal. As it has been over 60 days since this letter was sent, we are concerned that a decision be made about this project. You may recall that we are required to give at least 14 days notice for a Public Hearing to surrounding properties and by posting of a notice on site. Because of the time required to review revisions in relation to the requests made in my July 3 letter and the time for adequate public notice, the next available date for a Public Hearing on this application is now October 23, 1997. Based on the factors outlined above, we would request that a decision be made by September 19, 1997 if you are going to proceed with this application, based upon the required revisions, or if you are withdrawing this application. If you have any questions, feel free to contact me at 431 -3685. Sincerely, Michael Jenkins Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431 -3665 c City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director August 4, 1997 Marcus Handler The Walter Group 1109 First Ave Seattle, WA 98104 Re: Application for a variance (L97 -0021) and a Conditional Use Permit (L97- 0022) for a 60 foot monopole /PCS Base Station at 10915 - 51st Ave S. . Dear Marcus:. Enclosed is a copy of a letter sent by RAL Development concerning your application, as referenced above. To confirm our telephone conversation today, you are still reviewing the comments made in my July 3, 1997 letter concerning your project. Accordingly, your project will not be heard at the August 28, 1997 Planning Commission hearing and will be rescheduled at a later date. Under TMC 18.104.070, you have 90 days, or until October 4, 1997, to present revisions for your project that address the issues in the July 3 letter. This date may be extended to November 4, 1997 on written request explaining the need for the extra time. Pursuant to RCW 36.70B.080, and under TMC 18.104.130, all permit applications must receive a decision within 120 days after they are determined to be complete, with the 120 days not including any time needed for revisions. Accordingly, 30 days passed between when the application was determined to be complete (June 4, 1997) and the July 3, 1997 letter, which stopped `the clock'. look forward to hearing from you soon. Sincerely, 00,6C,g,e Michael Jenkins Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washlnrton 98188 • (206) 431 -3670 • Far (2(761431 3665 1 I RAEVELOPMENT & VENTURE C Y ANY 1420 NW Gilman Blvd, Suite 2206 Issaquah, WA 98027 (425) 392 -0781 July 28, 1997 Mr. Michael Jenkins Assistant Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 RE :CE ED AUG 01 1997 DEVELOPMENT Proposed Telecommunications Tower at 10915 51st Ave. S., Tukwila Dear Mr. Jenkins: We appreciate being granted the opportunity to respond to the proposal for a cellular phone tower at the above- identified site prior to your decision being made. It is our fervent desire the City will continue its historic stance of rejecting nonessential land use variances. As the adjoining landowners who will be most effected by the tower, we are gravely concerned over the lack of notification given us by the applicants and the City; particularly as we have been in discussions with the City about the development of our site since last year. It was fortunate our Realtor saw a timely newspaper article, otherwise we might . have been denied our rightful voice in the process. We encourage this matter, which has such an obvious visual impact on the neighborhood, be dealt with in the maximum "sunshine" rather than through inconspicuous bureaucratic channels. Our strident opposition to the proposed 63 -foot tower is many -fold. This letter is intended to identify the primary issues, from our perspective, for consideration in your deliberations. The focal points of our objections include: A. The installation of the tower will have an immediate and severe financial and developability impact upon our property interests. The placement of the "facility" will directly abut three of our proposed single family homes, being less than 30 feet' from the structures, directly obstructing views and looming over all aspects of the ownership envelope. The tower will also be visible from every other home and property in the project, threatening to become a negative "theme" for the entire development; featuring continuously flashing lights as required by the FAA. ','AJ. `n Ya;e:: o*LY,n.`∎1id41:.;:44 I:Wik53i'.": ..4.161/•047...1' sril!{9s '1'$``h'w` SYKataiF �ia'�G.". ,IP}.`.7t= '7i:�dG�a7'. �L'Abft�#fAl+r r�' a5 a�:'ai�i'�r.:�`,:A 3d�Si4 -*awe' mow. • J U. UO: V) 0 Ili =:. N LL: w O gQ• co a : I. • I-w 1: z� Z o. •n :O ` N. o I- :w w. O' •z wi N; z • Our appraiser, based on comparable "paired sales" studies of tower construction in other urban areas, has determined the market value of the three homes directly adjacent to the tower will suffer damages of 12 -plus percent, with the remaining residences being damaged in proportion to their proximity to the tower, but no less than three percent. The aggregate diminution in value to the homes we will build in coming months has been quantified as at least $125,000. Additionally, the Realty handling the marketing of the units has informed us the absorption timing and promotional cost for the project will be doubled. While EM radiation safety concerns associated with communication towers have been adequately addressed and they are typically structurally sound, our broker adamantly contends that concerns over such factors is significant in the marketplace. Buyers remain troubled by radiation hazards and fear of windstorm collapse. The proposed tower will directly create severe loss in value to us and greatly increase our investment risk. Should the variance process move towards approval, we will pursue all legal remedies available to us in order to recover these financial damages from the appropriate parties. Further, the tower facility is to be placed directly over a sewer line connection which may prove integral to the development of our holding. The City of Tukwila informed has said we will not be allowed to construct permanent facilities over a sewer easement. If this policy is consistently applied how can this tower facility be permitted? We ask the applicant to provide detailed engineering plans on how ourselves and others, will be able to access this important piece of community infrastructure .once the tower in emplaced. B. The applicant's petition is both incomplete and lacks credibility. Many of the items in the variance application are inadequately addressed, mere boilerplate excerpts, masterful obfuscations, or demonstrate an obvious lack of comprehensive community inspection. Given the level of pertinent information missing from the application, only portions of which are cited herein, we request the city require a more complete report before considering this matter further. Among our primary objections to the responses of the applicant presented in the Conditional Use Permit and Variance Application Request are (by section): .. z w'. u6R U . J •.00` ' .U3 LW. : J � • .N LL w 0: 1-w z� 1—,o; w w 2o • UN.. o � w w;. • � v wz U vj O~ z 1. Introduction. The purpose of an introduction in a land use petition is to identify and define the specific need for the requested action in the particular subject location, and summarize the alternatives to the action and the consequences of non - action. The applicants prologue gives no necessary conceptual, theoretical or statistical justification for the proposed tower in this specific location No meaningful topics are adequately addressed beyond the desire to increase their corporate revenues through expanded services and some general platitudes regarding consumer convenience (most of whom who will live outside the effected neighborhood). The applicant gives great concern to the logistical and financial health of its own business, but in the introduction (as throughout the application) gives no thought whatsoever to potential economic impacts to other members of the community. We find this callous, cold - hearted and worthy of explanation. The petition cites lease rent benefits which will be provided to Kubota Gardens by the tower. However, we have difficulty appreciating its enrichment at our expense; especially since the City of Seattle just recently condemned a property for Garden expansion which was to be our next building site. 2. Conditional Use Criteria Number One: The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use in the district in which the property is situated. In addressing this issue, the applicant considers only selected engineering considerations and totally fails to address the most vital community issues of maintaining home equity /values and a perceived quality of lifestyle. The construction of telecommunication towers in urban neighborhoods is inherently "materially detrimental" and "injurious to the property or improvements in the vicinity" as evidenced by the contentiousness of the approval process. The applicants response greatly stretches the bounds of honesty by contending a 22 -foot high building and .a surrounding six -foot hedge will somehow effectively "shield" a 63 -foot tall tower (the equivalent of a six story improvement) from nearby homes. Further, it is a blatant untruth for the petition to state "to the west the land slopes down at a rapid rate toward I -5 ". Our land, which is to the immediate west of the tower site, has a nominal gradient for some c z �.. u 2 UO J =` uJ O. J. u_ ?. a. I.-W z�' E-0 Z r; LLI oI ww IL Z, ui on, U= O~ z • 100 feet west of the tower site, as shown on topographical maps we have submitted to the city in support of our housing development. 3. Conditional Use Criteria Number Three: The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site designs. The petitioner's rejoinder to this criteria item is wholly inadequate; to the point of being a misleading non - answer. The applicant's response selfishly considers only the property on which it will be located, and does not speak at all to "surrounding land uses" as set forth in the criteria. The fact is, the site will be surrounded on three sides by one and two - story residences, a use wholly incompatible with a six -plus story communications tower. Adequately meeting this requirement demands significantly more investigation, analysis and response by the applicant than is provided in this cursory response to a vital issue. On this matter alone, we request the petition process be indefinitely continued until a more comprehensive and accurate study is completed. 4. Conditional Use Criteria Number Four: The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. In this response, the applicant is flagrantly wrong, Shows a lack of professional research, and is fully contradictory with other statements in the petition. Many of the homeowners along Beacon Avenue may be elderly with failing eyesight, but to contend "property owners across the street will not notice a visual obstruction" that is 63 feet high (40 -plus feet above anything else in the viewplane) is ludicrous. In our discussions with them, they were exceptionally concerned about the effect our proposed two -story homes would have on their westerly view. The dearth of professional research associated with the application is demonstrated by the lack of knowledge of our proposed development. The property has been surveyed and staked, and we have had periodic discussions with the City of Tukwila for many months; yet, the parcel is merely referred to "as a vacant site" without acknowledging its proposed near -term use. Either a quality 4 " z F-w 2. —J C—) 0 CO CY W1 w • w 0' u. a: 52 = a. Z si- z o, U� si- w wi U ui o z investigation was not conducted by the applicant or there was a deliberate oversight/omission of impact. Most disturbing in this section of the submittal is the obvious contradictions raised regarding the enhancements the tower will provide for the service area; the fundamental underlying need for the project. The applicant is correct in saying the high -point in the area is to the southeast; the crest of the Beacon Hill ridge. This hill, according to testimony elsewhere in the petition, will block transmission signals, which means the tower cannot physically provide the "crucial link in the Skyway and Bryn Mawr region" which is the justification for the application. We suspect the antenna is being developed purely to service the lucrative I -5 corridor cellular market (which could be serviced from many locations) with minimal regard to the communities purported to benefit. 5. Conditional Use Criteria Number 5: All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. This broadly extensive issue is addressed by only two short paragraphs assuring the City the applicant has successfully undertaken the necessary investigation and analysis and will implement measures to minimize negative influences. .The brevity and underlying arrogance of such a response is unacceptable within a community review process. If such an assignment was actually completed identifying all possible adverse impacts, where is the supporting documentation, land use analyses, sociological and economic reports backing their contention? No data is provided whatsoever. And, we can be absolutely positive "all measures" have not been considered by the applicant (as called for in the criteria) as he even failed to contact us, the directly abutting and most effected landowner. Members of the community do not have readily available engineering expertise to quickly assess the summary conclusions asserted by the petitioner. We demand a more detailed response from the applicant in this matter, and that all technical and discussion materials contributing to this opinion be provided to community 5 z 1 H w:_ U CY No w: w= • LL' w O g a'. z� Z o;. 2 U 0' O N; CI ww U LL 0 z U Ye. .z . representatives, along with sufficient review time, in order to adequately determine the accuracy of the petitioners assertion. As a form of reasonable substantiation on the need for the project and associated variance, we request: • Access to all US WEST measured test results in support of placing the tower in this location. • Access to all the measured test results US WEST conducted regarding alternative area tower location possibilities. If no other sites were comprehensively considered as alternatives prior to the subject application, there is no foundation for requesting this specific variance, and the petition should be rejected forthwith until such tests are completed and the specific subject need is demonstrated. z. ~z,. 00 W =' CO J H, w O. u. co d Iw • Narrative discussion comparing and contrasting all the z z W =Q • Identification and explanation of the inherent degrees of error in the testing data and how this could effect the actual service o l—` in the coverage area which is the justification for the proposal. = w' H V, HI • The retention of an independent "radio frequency propagation �—` engineer ", at applicants expense, to verify the validity of the w �: US WEST test results. o IH z potential sites with the proposed tower location. The application also fails to address the common Seattle phenomenon of "Flush Ice Accumulation ", wherein ice collects on the antenna only to fall and damage property under the tower. No data regarding this potential hazard is presented whatsoever. We request a definitive study be completed by an independent testing authority and that US WEST warrant that no ice would fall outside the facility site at any time, and insure abutting properties from all related damages. 6. Variance Criteria Number One: The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of the application is filed. The applicant claims a variance is no "special privilege in relation to other properties." We disagree with this statement vehemently. A variance is an exceptionally rare and distinct act in Tukwila and definitely "constitutes a grant of special privilege ". 6 We were informed in no uncertain terms during our development intake and pre - application hearings by numerous long -term personnel, • including Ron Cameron and others, that the City of Tukwila does and "has not granted land use variances." The more than half -dozen individuals we spoke with in planning, public works and other City departments could not recall a single example. This statement was made repeatedly during our proposal process resulting in us making major changes to our project. Given that we were unable to even solicit an informed response on how to seek modestvariances for our residential project which would be in the best interests of the community, we find it hard to accept an out -of- character, detrimental 63 -foot tower should be accorded such a valuable consideration. The applicant also contends "there are a number of 40 -60' ham radio antennas throughout the top of the hillside in the neighborhood ". This statement lacks basis in fact, and is obviously a "boilerplate" entry into the application which says little except to support of the petitioners interest. We have been on the subject site and inspected the area many times, and we have yet to locate a single ham antenna in the neighborhood. While they undoubtedly exist, they are so rare as to make the applicant's assertion of commonality incredible. In light of this and other numerous obviously incorrect assertions, we questions the veracity of the entire petition. 7. Variance Criteria . Number Two: The variance is necessary because of special circumstances relating to the size, shape topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The application again provides a lengthy non - answer, which embarrassingly for the petitioner does not address the variance requirements in any matter. It is as if the petitioner misread or misunderstood the criteria basis; for the application fails entirely to meet this standard. The variance criteria is specifically intended to provide relief for an atypically effected property (due to size, shape, etc.) so that it may enjoy the same benefits as the surrounding properties sharing the same zoning. 7 44' r..'' t: 1444utagtagigki:n 7,g1.!vrvkai'1''..�., mow. re 00: moo` w =; • u. J � w O gQ S.O. a F. z� 1- 0: z�: IIJ w 0 Ca, 0 N'. o1... = U' z. w on 0 F-;. z The subject site is in no way is currently denied any property rights enjoyed by neighboring land owners. Especially, it is not denied any use rights sufficient to justify a variance as a form of relief. There is no "special circumstance" impacting the subject property which calls for a variance under this criteria. On the contrary the granting of a variance will stand in direct opposition to this criteria. It will provide the subject property, which is typical in size, shape and topography with other parcels in the area with a distinctly special use right and privilege not permitted to any other holdings in the vicinity. No properties similarly zoned in the neighborhood have the right to construct a telecommunications tower; therefore, the subject is not currently being denied any use rights which the variance would allow it to recapture. z z1-, re J U. 0 w w; wO gQ We request the application for the tower be denied until the applicant r Ci Can . comprehensively demonstrate the special circumstances Z .p, surrounding this site which justify the privilege of a variance. F. z �— 8. Variance Criteria Number Three: The granting of such variance 2 o will not be materially detrimental to the public welfare or „, cn; injurious to the property and improvements in the vicinity and F' w.. in the zone in which the subject property is located O: al OF z As noted foregoing, there is no doubt the granting of the variance would be materially detrimental and injurious to our real property holding, in addition, though to a lesser extent, other nearby parcels. The applicant once again provides no specific, meaningful discussion on the issue. No mention of the effect the tower will have on properties in the vicinity is made at all. In essence, the applicant just "blows off' the matter as being irrelevant; a stance we find offensive. What surveys and studies were completed to support a contention of no material detrimental impacts on the vicinity? We request access to these documents and their preparers as the application answer is woefully inadequate. 9. Variance Criteria Number Four: The authorization of such variance will not adversely effect the implementation of the Comprehensive Land Use Policy Plan. Without stating any of the "goals, objectives, or policies” of the Comprehensive Plan, and how the proposed tower will react with 8 WM;Scaii r rn� ' � t iA' is Cc : • W Taint.' ay wik s3A x4e # them, the applicant summarily opines the tower will "not adversely effect its implementation ". Such unsupported generalities should be unacceptable within a community review process. Specific instances of how the City and petitioner objectives correlate for the benefit of the neighborhood are necessary for a functioning representative democratic system. The applicant makes the specific point the tower will not intrude on neighbors views (a land use policy consideration), such as at apartment units to the south which face west away from the site. This is currently true, but two, perhaps three, of our proposed homes will have views oriented northerly directly to the tower. Are not we entitled to the same consideration as other neighbors? 10. Variance Criteria Number Five: The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same zone or vicinity. We request the applicant specifically identify exactly what property rights it is being denied (or must be "preserved ") relative to its neighbors that requires the requested variance. At present, the subject property enjoys the exact same rights as its neighbors; none of whom have the right to build a 63 -foot tower in their yard. In fact, the granting of the variance would stand in direct opposition to the defined criteria, as it would give the subject property specific, substantial rights not enjoyed by other properties in the same zone or vicinity. Just because there may be a non - conforming, un- permitted ham radio antenna or two in the area does not justify the creation of a special right for the applicant's property. There is no doubt the negative impact of the tower will hinder the "preservation and enjoyment" of existing property owners in the area. While the users of a community club /office building in a residential area may not be effected by the tower, the right of enjoyment for surrounding full -time residents certainly will damaged. We consider it grievously poor community relations that the applicant does not, throughout their petition, even admit their proposal may, have a deleterious impact on the "preservation and enjoyment" of the neighborhood. Are the applicants so naive as to not think there will be any negative impacts, or are they purposefully omitting and /or .w.3n,.•....:.s,:�> r�.re'�: a <' *S;.itbiXtir. =dc« s:;::iiv . ; air.:. 104: 4, /.atiavtadi:57lillagi aS:w "?:£ Sibb, glossing over them regardless of the truth? Should we not require our corporate citizens to be honestly responsive when submitting public petitions, requiring the citing of both the good and the bad? 11. Photographic Attachments. We consider the pictures appended to the application particularly spurious. They are obviously taken from points not representative of the typical impacted view planes but from carefully selected locations intended to absolutely minimize the apparent visual effect of the tower. z w re 00 cN»w'; w =!. JF- w 0, Why didn't they take the southerly- looking exposure from the middle 1 g of our adjoining property to show how ugly and prominent the tower would appear when seen from right next door? The parcel is easily = c�. accessible, relatively flat, not overgrown and would provide an i z�; excellent vantage point. Instead the applicants moved some 300 feet F.. p, away in order to get behind the nearest tree line so as to obscure the w ut w' tower's actual visual "consequence. This implies a specific goal of D o deceiving the petition reviewer. 0 a 0 H. Similarly, rather than take a northerly - looking picture from just down s w�, Beacon Avenue, or otherwise nearby property, in which the full _. beauty of the out -of -scale 63 -foot tower would be visible as for most Z of the neighborhood, they took a picture from some 800 feet away so v as be able to include the high - voltage towers which .plague that part z }— of the neighborhood. We request the applicant provide reasonable, realistic representative photographs showing the visual impact from the more than 60 parcels within 250 feet of the tower site; taken to depict the truth, not minimize it. C. Closing Comments The subject neighborhood already bears too much of a disproportionate burden of community infrastructure influences. Beacon Avenue is a busy arterial which carries the majority of area traffic and public transportation, at speeds often too high. High voltage lines several hundred yards northerly from the tower site already provide too much of a panoramic obstruction and perceived EM safety threat. One of the busiest and noisiest interchanges along I -5 is at the northeasterly edge of the region, and the quality of roadway surfaces in much of the area is abysmal. �s:'ir.�i+fr�ij a- „.3 ii% ti1Yi�' fi+ Y4` k= �P+iih�`•'1kT��7tiD.'fx'8iiaii 10 41.5i-r” &G 98}41.44101..4 I.13b F:i� t t a tc ''sA5 ►xd3 s' atfsi:Yi�' A responsive city government recognizes the need to protect the basic livability of its neighborhoods and to not force an overwhelming number of negative influences into a given community. Lastly, and perhaps most critically, the consequences of the tower run squarely against our dealings with the City of Tukwila to date regarding construction on our property. We have been encouraged by the City to build less intense, better quality homes than allowed for by zoning or supported by historic surrounding development, and have concurred at every turn. The City wanted to see nicer, more valuable homes on the property and not just more low- income apartments. We have embraced this riskier, more expensive vision and invested some $150;000 into undertaking a project meeting just these desires. The proposed tower places our design concept and investment in economic jeopardy. We humbly ask that you deny the requested variance and allow the neighborhood to remain free of any more detrimental influences. At the very least, we believe it is the responsibility of the City (or as a last resort, the Court) to require a complete documentation of the proposal which both objectively deals with the variance criteria items and provides the supporting data for the issues raised in this letter. We appreciate your attention in this matter and look forward to the public hearing. Please place us on any communication list you may have regarding this proposal. Respectfully. Submitted, RAL Development & Venture Company IJIS .*Q Tom W. Holliday General Partner C. Thomas Foster General Partner 1420 NW Gilman Blvd. #2206 Issaquah, WA 98027 (425) 392 -0781 voice /fax 11 ..,:1�i�'%i7nd '3k"�i�t'�' =':Y. ,.:ii ft. S�F • °ile::t1 ,r" x;+.� x y:�v % :e.4• t:....: rs:#`�'Y� °,P;F si��, fir' �i` aSt" 5$ �` ir3ati�3SsiS; �: �tii�. i` fiu�k( ��'" �S '1?'c�4#�ii= 4..�t+�:.4tws.taaa July 3, 1997 City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director Marcus Handler The Walter Group 1109 First Ave Seattle, WA 98104 Re: Application for a Variance (L97- 0021), Conditional Use Permit (L97 -0022) and SEPA (E97 -0010) for a 60 foot monopole /PCS Base Station at 10915 - 51st Ave S. Dear Mr. Handler: To confirm our telephone conversation of July 2, you indicated that you would like to reschedule the July 24, 1997 Planning Commission hearing on your project, as referenced, to August 28, 1997. Your decision was based on my preliminary review of the project, where I indicated that a variance from the maximum height allowance in the HDR zone may not be granted and that there were problems in meeting the city's Off- street parking and loading requirements (TMC 18.56). To ensure compliance, the project must meet the following minimum parking standards: 1. A minimum of 14 parking spaces (30% may be devoted to Compact Parking). 2. One loading space for a commercial use (TMC 18.56.060) 3. A handicapped parking space (TMC 18.56.080) 4. Bicycle parking and an appropriate location (TMC 18.56.130) 5. All turning and maneuvering space to be located on private property, unless specifically approved by the BAR or Public Works Director (TMC 18.56.040(5)(b)) 6. All driveways to rear parking at least 12 feet in width with a minimum of a three foot sidewalk adjoining the building and raised at least 6 inches (TMC 18.56.040(5)(d)) 7. All off - street parking or loading facilities shall be paved (10.56.050(7)(a)) In addition, the project does not comply with landscape code requirements for uses in the HDR zone, as a 10 foot landscape border is required on the side and rear property lines. I am in the process of finalizing the SEPA determination on this project, which will include a memoranda reiterating the issues indicated above. I anticipate mailing this out some time next week. Please contact me after you have had time to re- evaluate your project. Sincerely, Michael Jenkins Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 5:;.^_;s`; = >5 ?se;,yr^ 2i+.'ea3w? zl',% :4 �r.:w�•:ls ; f; 7.ti:: .2,0?h 41,...14.11 i.4r'i3?<'1 aim,L';. iuY' `•u'3 ?i�v.4ryiJt .r ✓ar,'Gi tSt?, abi <f` k�' ' �N.i::a'i$r.1Y�3: Slt�r.'rj -v • . c z. _1— w re 2 u6n JU' 0 Ili O g J, ¢: =W I— Z I— O, Z ww 1—C O • Z U N� OH Z 141k City of Tukwila 6200 Southcenter Boulevard • Tuhcvita. Washington 98188 TO: l k-e - cJ MEMORANDUM FROM. JQ44NA 5PErJaa DATE. 6 •023 -T7 SUBJECT: Ii,5 1A)125t eorylottaLi'e,thotis /ofrto (206) 433 -1800 E 9 -7— 001 0 5EPPr - 002.1 , R 14NeE L ° 7 -. 00 2Z -p �' IOq IS {1 51 vF{Fae 5 Mad. to b9_ rCo ec#, to o-tidress tite. Q.)c1t. St0.4.4 i Sewer 01,1-4.e- alit- #Idc - �,4ore h e reiDo& s tA,o et. Q t,c re no h ✓ui 1 ... . ,� • 9. . ..r Lill/ 9 �i �. ro 61A,t d. dyes d4pi FR, VA42t rek4a:1-1\ote. . 4, ?el- TMC 14.12. ZSo CrR.zEs Any0 5 HP.,1.cBeeR -Y oarriaucr iNb sauces ig.E65/ 511g-4413S bl tTK EYsr5 /vE O 7T SYSTEM' -t gee AJ07 , w-JEO W 1TN /N 30 ,CT o/ ,qNy PWLJ1./ C SHTS, �N� L. SEwc� ore �, ei9 -� N Pi,�E' A - -% 5f!!¢LL BE Re YtsED .a, bo .6D JU. U O: c • co • W =' WO. • N a: Z F- Z 1—i ,2 D. `O cn. W, LIJ o�. z CITY OF TUKWILA 6300 Southcenter Boulevard, Tukwila, WA 98188 DEPARTMENT OF COMMUNITY DEVELOPMENT Telephone: (206) 431 -3670 AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGNS) State of Washington County of King City of Tukwila I Aorces U4J (er (Print Name) understand that Section 18.104.110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness. I certify that bill Jv # 17, I' T T the Public Notice Board(s) in accordance with Section 18.104.110 and other applicable guidelines were posted on the property located at 109 1 S- S'(* Ave, S. so as to be clearly seen from each right -of -way providing primary vehicular access to the property for application file number L' 17 0°1 1; L ct ?- c o act-7 - 0010 • SUBSCRIBED AND SWORN to before me this /7 day of Affiant (Applicant Signature) 1997 NOTARY PUBLIC in and for the State of Washington residing at All Iih14 My commission expires on JUN 1 8 1997 COMMUNITY' • DEVELOPMENT ::: u=,L:tiittif.iwrti::.zk r_ PiiV,:k4v'r1tw1. :Ay: P` ec,.*+�ff41•44Ai� ffi:rliTx��K... �ki�`F.gi�i -•. Z re 1 JU. U O° W W W 0, LL Q' = W' Z �.. 0: z�; ui U� 0 N, fic 1—. Es O: w z: U N! 0 Z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED JUNE 16, 1997 The following applications have been submitted to the City of Tukwila Department of Community Development for review and decision. FILE NUMBERS: L97 -0021 (Conditional Use Permit) L97 -0022 (Variance), E97 -0010 (SEPA) APPLICANT: US West Communication, by the Walter Group LOCATION: 10915 - 51st Ave S PROPOSAL: Installation of a sixty (60) foot monopole for Personal Communication System (PCS) telecommunication base station OTHER REQUIRED PERMITS: Building Permit Land Altering Permit These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on July 11, 1997. This matter is also scheduled for a public hearing on July 24, 1997. If you are interested in attending the hearing, please contact the Department at (206) 431 -3670 to ensure that the hearing is still scheduled for this date. If you cannot submit comments in writing by the cutoff date indicated above, you may still appear at the hearing and give your comments on the proposal before the Planning Commission. If you have questions about this proposal contact Michael Jenkins, the Planner in charge of this file. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. APPEALS You may request a copy of any decision by the Planning Commission on a project or obtain information on your appeal rights by contacting the Department of Community Development at 431 -3670. A decision from the Planning Commission may be appealed to the City Council. DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: NOTICE OF APPLICATION POSTED: April 15, 1997 June 4, 1997 June 16, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 ;04 "it fan iiO Pr i :+a:dkalixArir.imil1.' 3fS1 114,4 4.W.g, 5t �x«BCI June 4, 1997 fa*) City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director . NOTICE OF COMPLETE APPLICATION Marcus Handler The Walter Group 1109 First Ave, Suite 205 Seattle, WA 98101 Re: Conditional Use Permit Application, with Variance and SEPA, for 60 foot Monopole at 10915 - 51st Ave S., File Number L97 -0021 (Variance), L97 -0022 (CUP) and E97 -0010 (SEPA) Dear Mr. Handler: Your applications, as referenced above, have been found to be complete on June 4, 1997 for the purposes of meeting state mandated time requirements. The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). Also, you must obtain a laminated copy of the Notice of Application and Notice of Threshold Determination to post on the board. These notices are available at DCD. After installing the sign with the laminated notice, you need to return the signed Affidavit of Posting to the our office. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. I will be contacting you soon to discuss this project. If you wish to speak to me sooner, feel free to call me at 431 -3685. Sincerely, Michael Jenkins Assistant Planner cc: Reviewing City Departments N. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 m1i44.i f ih,; i,.;wi't:„.,r.—r,.aiiiiY; .'de14a`;44t“' 5r; fii'�+�1r%.ltA-. e4virfmY,24PZ': �: 4' i�tciOMOWA MtnpiAtun'rslTAi%+M- Tf4:s'R!42 May 6, 1997 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF INCOMPLETE APPLICATION Marcus Handler The Walter Group 1109 First Ave, Suite 205 Seattle, WA 98101 RE: Application by U.S. West for a Cellular Tower at 10915 - 51st Ave S., including SEPA (E97- 0010), Variance (L97 -0021) and Conditional Use Permit (L97 -0022) Dear Mr. Handler: Your application for a Conditional Use Permit, Variance, with supporting SEPA Checklist, as referenced above, has been found to be incomplete. In order for this application to be determined as complete, the following must be submitted to the Department of Community Development: PUBLIC WORKS a. A copy of the Geotechnical Report listed in SEPA application, due to the location of a City Sewer line near the proposed development. DEPARTMENT OF COMMUNITY DEVELOPMENT 6 additional sets of plans for SEPA application A separate Landscape Plan prepared by a licensed Washington State Landscape Architect. c. One, set of mailing labels comprised of two labels per address are required for each application. Only one set was submitted, therefore two more sets are required for the three applications submitted. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 _,. .,. �. .. ...n, .,.�., .,, .,,' n§ �.': x., ulc.,. �:; 4ikz. t, �w�:, r. Ei�2. e.:, o' sn.�^t�srs'sK;li:e%:ri„k+�:.t:J Vr�sc'il`•':�r1hl.in kc. �:`' �i: �[ v`'' i�: i�= i3� :.�i,?�k�ci+i:i3::iss'e,'s'Pa� is? z LLJ re 2 6 U O'• UO: CO W WI L; w o. a -j IL Q: Nom; _:. z� I-o zI ui ,0 coI � O! w W uiz. �` O H; z May 6, 1997 Marcus Handler Re: CeII Tower at 10915 - 51st Ave. S. Page Two Upon receipt of these items, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.105.070(E). A hearing is currently scheduled on this application before the Planning Commission on June 26, 1997. To ensure that this spot is held, the materials requested in this letter must be submitted prior to May 23, 1997. If these materials have not been received by this date, you most likely will be rescheduled for a hearing in July or August, depending on availability. If you have any questions, my telephone number is 431 -3685. JoAnna Spencer, the Development Engineer for Public Works, can be reached at 433 -0179. Sincerely, Michael Jenkins Assistant Planner cc: Reviewing City Departments c:\msoffice...reports\9721 incm.doc e. .� «......t �'.iirr .., ..v. ? ✓.Y %: >:, .,a - '.�:isau:.,;: Sri[ �G.: r'.;; �: ��� ;:�rr: +r5::ifc,.wi- :L:. <'si ✓L.t ,.'i.��',?.,�':F•.r :N'ai....4�Jih�. �T'.'.v, J'i}f•�•Pr- ,�`i�;.Y.'i »T ?wtN�i Z 1 r~ z:. Let O O; N 'U) Jf.. w of u. a • w wi o o H w, F • .O •z 1 .-6i 1 "Ctom' CITY OF TUKWILA CONDITIONAL USE PERMIT AND VARIANCE APPLICATION REQUEST INTRODUC'T'ION The Walter Group Inc., is a local telecommunication consulting hired to obtain leases and permits for PCS antenna sites for USWEST Communications - Wireless. As stated in Tukwila's Comprehensive Plan, USWEST is the main supplier of local telephone service and is required to provide adequate telephone service on demand. Therefore as society demands a greater mobility and access to communication and technology advances, USWEST is answering those needs by developing a new PCS wireless communication system to complement its existing wireline system. This system is being developed to enhance and eventually create a communication system where each user will have one phone number for all uses. Once operational, this completely digital system will offer many enhanced features beyond voice communication, such as caller id, two -way paging, and e-mail capability. As the cost of wireless communications declines, this source of communication becomes less of a luxury and more of a necessity. During natural disasters, emergency situations on the road, and daily use wireless communication devices serve as vital links to the world around us. The competition introduced by PCS will reduce the price of wireless communication and will bring the convenience and safety of wireless to more people. The goal of USWEST and other providers is to create an affordable wireless network that may eventually compete with and entirely replace wireline telephone networks. This site was selected due to the reduced impact the location would have on the community and engineering justifications. The proposal also serves as an income source for the Kubota Gardens which is a non- profit Foundation. This building was donated recently to Kubota Gardens by the Rainier View Community Club to be used as an office building. As a non- profit organization Kubota Gardens provides a number of community services including educating the public, research and school tours. The additional income that USWEST has agreed to give to the Foundation will help support these community activities. PROJECT DESCRIPTION USWEST Communications - Wireless requests a Conditional Use Permit and a Height Variance to build a wireless telecommunications facility at 10915 51st Ave. S. in the City of Tukwila. The proposed use located in a HDR zone, defined as "Radios, television, ci tyr,1lc.4;64:,110,i: -4,i: itoo z. :4• :ice `aackl RECEIVED CM' OF TUKWILA !APR 1 5 1997 r'EF MIT CENTER z _; • .0 0: to 0' w=: J •N 1* wO =d I-- la, z �. I- 0 • 00. co —. :0 i w. iii z U N' • O •z microwave cellular or observation stations and towers," is allowed as a conditional use according to TMC(18.14.040). This facility will include the installation of unattended equipment cabinets and a 60' monopole with a three foot lightning rod attached to the top. The structure will support six panel antennas which measure 42 inches long by 5 inches wide and thick. The proposal calls for two five foot tall (5') equipment cabinets to be placed on a 9'6" x 12' concrete pad with room left for a two small growth cabinets to be added later. The south and west side of the site will be surrounded by six foot (6') shrubs. The east and north sides will be protected from the parking lot with parking bollards. The facility also includes a small Global Positioning System (GPS) antenna attached to the pole, a power meter and coax cable connecting the ground cabinets and monopole. The entire facility imalely 600 square feet including landscaping. Access to the site will be 'r ^'r nrovide telephone service and power will be routed to the site. CONDITIONAL USE CRITERIA Requirements of TMC18.64.050 z rt i~ 0 O: w=. N LL wO LL Q` W z 1— .!O N The following criteria shall apply in granting a conditional use permit: ° t--' • 11.1w: • F=. U; 1. The proposed use will not be materially detrimental to the public welfare or 11-- iO injurious to the property or improvements in the vicinity of the proposed use in the iu z: district in which the subject property is situated; Q 'O z The facility is designed to have a minimum visual impact. The facility is located in the back corner of the property entirely out of the way of the existing use. The site will be shielded from the street and surrounding property owners by an existing 22' structure and shrubs to the east, south and west. Additionally to the west the land slopes down at a rapid rate toward 1 -5. During operation the site will be inaccessible to the public for the equipment cabinets are self contained and unmanned and it will generate only one visit per quarter for maintenance purposes. The facility does not emit harmful rays, noxious odors, heat , excessive noise or pollutants. The public will be unaffected by this site. 2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy; There are no performance standards applicable to this project at this site. 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; �`�. �•' i3�sn+. isirn' �r' svai." �s�.'< �l; 4ri��ti�ai+ �' vit�rM�a.` �` �ae�%, riz �.::rxrA.`'.�.':hdai:'a�Y�iat, :. ++�,`�',4b'�.�r. The proposed use requires only one maintenance visit per quarter, which will generate no measurable amount of traffic to the property or surrounding district. The equipment will be screened by an existing hedge and more vegetation will be planted for shielding purposes. The site is compatible with the existing use, for currently there is a community club on the lot. 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan; Policies for non -city owned utilities: 12.1.34 Actively coordinate project implementation with individual utilities based upon Tukwila's Comprehensive Plan and Development regulations. Based upon the nature of this project, implementation is consistent with Tukwila's Comprehensive Plan and Development regulations and does not require further coordination with individual utilities due to type of facility and location. The site has been located in such a position so as not to interfere with existing communication facilities. 12.1.36 Encourage utilities to consolidate facilities and minimize visual impacts of facilities where technically feasible. USWEST seeks to collocate with other wireless telecommunications providers when project scheduling, design and construction feasibility is possible. At this time no other carriers have approached USWEST about locating at this location. The facility will have a minor visual impact on the district. The topography provides substantial natural screening from neighboring properties. The high point of the area is toward the southeast with the hillside sloping down toward the proposed facility. The site is positioned directly behind an existing 22' building which shields a significant portion of the site from the east. Furthermore with the slope of the hill, property owners across the street will not notice a visual obstruction. South of the site is a vacant lot, with apartment units next to it. All of the apartment units views face towards the west and their views are not affected by the proposal. North of the site is an apartment complex with their main views facing the valley to the west. Directly to the west the hillside is mainly undeveloped due to the steep sloped terrain. One house is located on the northwest corner of the lot, although only the garage and back of the house face the site. Additionally 6 -8' shrubs and sloping terrain will create a create a combined 10 -15' foot natural separation. The site has been placed in such a way as to cause a minimum visual impact to surrounding property owners. 5. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. z •fig,. U. O. W =, N LL` wO g Q. cn • =a I-zw . I- O'' IJJ z I-. ;O N, 13 I- ww O, •iii z UN 01-* •z 1 • 1 USWEST has done extensive testing for this location in order to determine the lowest necessary height for the structure while still maintaining coverage for the community. Some property owners are aware of the proposal, including a neighbor across the street and to the north. The reactions were that the proposal is non - significant and would not effect them. Also, as stated above the site has been located in such a way as to use topography and natural vegetation for screening purposes. Maintenance visits to the site will be only once per quarter and therefore will not affect the surroundings. The proposed communication facility will be in secured equipment cabinets which are inaccessible to the public. PCS uses low power and operates at a frequency that meets all requirements for the health and safety of the community. This is a very suitable location for this installation and it will have minimal impact on adjoining properties. TMC 18.28.080 The site meets the performance standards of this section. VARIANCE CRITERIA z re w 6 JU' 00: :co 0'. wi J H u_ w �Q =d. I- z O; U C); !CI IH S V. 1) Tice variance shall not constitute a grant of special privilege inconsistent with the • . O'. limitation upon uses of other properties in the vicinity and in the zone in which the w z' property on behalf of the application was filed is located. o _' o f-. Granting a wireless communication facility in this district will not result in a special Z - privilege in relation to other properties. Wireless networks require line of sight from antennas to users. Topography, vegetation and other obstructions must be overcome to deliver wireless services. With so many hills and trees in the Puget Sound region, it is necessary to be located in open and high ground areas so service will be provided to all users. This particular site is located near the top of a hill is being placed here to serve the entire neighborhood and region equally. Furthermore, there are wireless communication facilities within Tukwila which have a higher height than this proposed structure. There are a number of 40 -60' ham radio antennas throughout the top of the hillside in this neighborhood. Across the street from the proposed lot, there is a wooden pole which supports a transmission antenna. Directly to the north, approximately 80 -100' high tension power lines run through the neighborhood. 2) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with ,;•, -'�r., �.•., ,..-.. 1�, �; a..: o• �....,,.>.,. a. �: �.,,,,: qil s* 1;. L? iw; i '••'iaWYii3i?:i`.5^3:auiu<2; Sir`A<S.t.°.d'.''Ta.t Wr1' a`, Y�.: i? dv" r��" iR: k" ff1+"• tirwdiztiSE k+ o`.." ti.{ i•', a <.'•, �?'. s' Qa' riAb3Nj' fikK�''" fr3$`'# In�L'°: t` 1. Ax itP+t'aa:4?o1.11;FiS':4'SSi use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The proposed location is situated on the hillside covering Skyway, Bryn Mawr and I -5 from 51st Ave. S. This location and design is needed to provide USWEST's wireless Personal Communication Services (PCS) to the community. In order to deliver effective PCS service, the site location had to meet technology and customer requirements. Fundamentally, this meant that the engineers designed the network to deliver and receive strong signals to and from each customer without interference among the customers utilizing the network. The proposed location in Skyway is needed to meet the overall network design requirements and to deliver strong effective service to a large capacity within the proposed facility's coverage area. In order to send and receive a strong signal, a PCS network consists of several small sites rather than one site, because the signal strength is not powerful enough to cover a large area from one site. USWEST's PCS network operates in the 1.8GHz range. Wavelengths in this spectrum travel a limited distance. In fact, they travel about half the distance of traditional cellular waves, which are in the 800Mhz range. Therefore, USWEST's PCS service needs to be delivered from a number of sites in and about the City of Tukwila. This site is one of the sites needed to deliver service to the City of Tukwila. A second factor in sending and receiving a strong signal to customers is to maintain an unobstructed path between the customer and the antennas located at the facility. Topography, vegetation and man made structures present obstructions to the signal sent from a communication facility. Hills, trees and buildings can completely block signals or absorb energy from signals so that they fade out sooner than desired. In order to send and receive strong unobstructed signals in this area, the communication facility must be located in such a manner that the antennas have a "line of sight" or clear path to the customers within reach of the signals sent and received by the facility. This facility's location and design will deliver a strong signal to the surrounding area. Coordination of the physical design and location of communication facilities is critical in order to limit interference between customers. Other facilities have been sited with this facility's location in mind. Altering the facility location and design will impact and disrupt the surrounding facilities' location and design. The network must have the capacity to meet the demand for service. Wireless technologies are moving beyond telephone calls from pedestrians on the street and people in automobiles. The public demand for wireless modems, paging, facsimiles, security systems and other future technologies require that communication facilities not only be able to send and receive signals in their limited coverage areas, but also have the capacity to handle all the customers within the facility's coverage area. ....Lu. abwroper •.r'ameseimams � �' 't 4''1,1 a;. igY v. To meet capacity, several communication facilities are required to service densely populated areas. As callers travel through different locations, the various facilities transfer calls or "hand off " to each new facility that covers a particular region. Even if one communication facility could deliver a strong signal to all of Tukwila and its surrounding communities, it would not have the capacity to handle all the customers. To draw an analogy, one regular land line phone switch cannot handle all of Tukwila's phone calls so phone companies place several switches within the community to meet capacity requirements. Wireless carriers have capacity problems because they use a small portion of the radio frequency spectrum. This small portion of spectrum can only handle a limited number of "calls." To get around this limitation, large communities are divided into smaller areas and a communication facility is assigned to each small area. This allows each site to use that small portion of spectrum to cover the smaller number of people within that portion of the overall community. This site in particular is designed to meet the capacity demands of Skyway and the surrounding streets, and neighborhoods. z a � Z` w ry mom u65 00 w 0: w= w LL. wo ga . I- As shown, no one factor drives the network design. Capacity, coverage and interference z �. are integrated concerns. More than one communication facility is required to cover the Z community because the signal can only travel a limited distance. At the sane time, using 2 D. several ComnlUniCation facilities allows for greater capacity on a small portion of v �` spectrum. Coordinating the physical design and location of facilities avoids interference. `o t--' Together, these strategies allow the engineers to use a few facilities to provide coverage •w w, to a lot of customers. This location was picked and designed with the overall network in s=-- 0' mind. It is not only necessary to provide service within its coverage area, but also to support the demands of the network as a whole. v z z. 3) The granting of such variance will not be materially detrimental to the public welfare z or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. This facility, as proposed, is in the rear of an existing building. The slope of the topography combined with the relatively short height of the monopole creates a visual barrier for the community. The proposed facility calls for bushes to be planted on the southern side thereby matching bushes which are presently planted along the eastern edge of the property line. Additionally the monopole can be painted any color necessary to blend in with the surrounding area. The frequency used is regulated by the FCC and is separate and distinct from frequencies used by television and radio stations. Therefore, it will not interfere with use of televisions and radios. 4) The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. FiW ;:iliakte:at Alitit'Aik** . '. wi. e:, 'ttiat ul}t«r 4t:14?ii' 0 ,,4, ' -;SYJaa Policies for non -city otivned utilities: USWEST's proposed facility conforms to Tukwila's Comprehensive Plan in regard to the Plan's goals, objectives and policies and will not adversely affect its implementation. On the contrary, USWEST is mentioned in the Comprehensive Plan as the main supplier of local telephone service and currently this system is being developed to enhance and eventually create a communication system where each user will have one phone number. 12.1.34 Actively coordinate project implementation with individual utilities based upon Tukwila's Comprehensive Plan and Development regulations. Based upon the nature of this project, implementation is consistent with Tukwila's Comprehensive Plan and Development regulations and does not require further coordination with individual utilities due to type of facility and location. The site has been located in such a position so as not to interfere with existing communication facilities. 12.1.36 Encourage utilities to consolidate facilities and minimize visual impacts of facilities where technically feasible. USWEST seeks to collocate with other wireless telecommunications providers when project scheduling, design and construction feasibility is possible. At this time no other carriers have approached USWEST about locating at this location. The facility will have a minor visual impact on the district. The topography provides substantial natural screening from neighboring properties. The high point of the area is toward the southeast with the hillside sloping down toward the proposed facility. The site is positioned directly behind an existing 22' building which shields a significant portion of the site from the east. Furthermore with the slope of the hill, property owners across the street will not notice a visual obstruction. South of the site is a vacant lot, with apartment units next to it. All of the apartment units views face towards the west and their views are not affected by the proposal. North of the site is an apartment complex with their main views facing the valley to the west. Directly to the west the hillside is mainly undeveloped due to the steep sloped terrain. One house is located on the northwest corner of the lot, although only the garage and back of the house face the site. Additionally 6 -8' shrubs and sloping terrain will create a create a combined 10 -15' foot natural separation. The site has been placed in such a way as to cause a minimum visual impact to surrounding property owners. 5) The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 4 `"w'a`•+i:ci}aE •= sip's.;irvn�sl+aa %z;+s a'�w SXdk'�i!,:s�Gt z:a,� -•ia h3 +itgW13,,A44>'n;Yfi;54.*.,tn.0 ;sicFQt;.S{ tog: 4ty A4itit;'?.?#i 301iP' + Jk;rG's7- taar. : w' 6 DI J0 00 N 0 N W' WI: W 0: u_ < D z v. I— la _- z �. ZO al Ili. gyDi. ,off'' Ww 1- - •• — O� z: Uco O. ~; z..... USWEST is designing this system to complement their existing wireline system and offer quality service to the community. Once operational this system will help provide wireless communication for the entire community. The location has been picked to service the Skyway, Bryn Mawr and 1-5 areas. This site serves as a crucial link in the Skyway and Bryn Mawr region. Without a wireless communication facility toward the top of the hill in this area, the surrounding community will not be able to use their phones. USWEST's philosophy is to provide wireless communication coverage to the entire community regardless of economic or physical location. Furthermore people living in the area have the right to wireless communication in there own neighborhoods. If USWEST were not able to locate here, people traveling in this region will not have wireless coverage. They will experience many areas where calls will be dropped. All members of society have a right to coverage in their own neighborhoods. In many areas of the region, wireless communication facilities have been placed in similar types of zones in order to deliver service to the community. Allowing a variance in this zone is needed to serve the neighborhood. Some of the neighbors are aware of the proposed facility and have not objected to its installation. As stated above, there are wireless communication facilities within Tukwila which have a higher height than this proposed structure. There are a number of 40 -60' ham radio antennas throughout the top of the hillside in this neighborhood. Across the street from the proposed lot, there is a wooden pole which supports a transmission antenna. Directly to the north, approximately 80 -100' high tension power lines run through the neighborhood. CONCLUSION USWEST Communications - Wireless requests a Conditional Use Permit and a Height Variance to build a wireless telecommunications facility in Skyway. This site is located in a critical coverage area for USWEST. Changing the location of the site or reducing the height will cause either no coverage for the community or a site which acts as an island, where users will not have continual coverage through their neighborhoods. When searching for a location every effort is taken to locate in an area where a minimal impact will be produced. In this particular case no commercially zoned properties or existing structures were available for use. Therefore, the height of the monopole was reduced as much as possible to minimize the visual impact. Engineers conducted an on -site analysis, network design review, propagation analysis and zoning review before determining that this location offers the community the service that they need without producing a detrimental impact on neighboring properties. This particular site has a height that is much shorter than height's of other facility's which are extending as high as 150'. The monopole and the equipment cabinets will be shielded from public view. The facility z �w u`i 0 0' N 0 w =' N LL' w 0, Q, tnD. t_w z1 zI- o-': o t-, w w'. . w N. 0 =: z will not have a negative impact on the surrounding community, rather it is being placed there to serve it. CITY OF'"TUKWILA , DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 ZONING CODE VARIANCE (P -VAR) APPLICATION .s .:.j3 ;:<<k" r <x' �:%,f c.: i� ?..xit.� ::.t::? :'�c; r:'4 i A ..... _. .:..,:„. {,I.,..:. , „..,, aa.} yS Ott: � ,:�.�t��� >��a?r:.'•..:i:: saw^ zSyl: �i> ��F,, OI! �' .S � 9. ":.:S.F ; ;•; ? 3t' ?c:e: i:< ,i :',ife{ <:el.....�:7>a,. A i:::.:i ;,3::...: a `” ♦i. .j:.i ., 2. a i'k': {' "i f -, £: S��iFF.t'JSEO'NL�Y���'.~�t::.. a:, � f��X.,..r��r.a�:<.:.��,f { a L: �i'ii.: i(Y 'l i� .'.l'i ! A l.0,- � � �Si�i'�. ,.i� �`� :4 ^ ^. € �'�b.G',.s 6s. ; :�`� �1"!j..i' � � • rla er°. i �� s , ; f 3 ; ! tf t' , s �r ". ...' x aax �:g .'.:?.�u$ iPa'4a .. 3" { . T., 'Zx. F.S� �. 4• 't .. ii . X :w, £ i , \ `Q .. 4�,'' ., : , * L . ��. 1. gm i,,sa xA. •Yxi wL S�'l•�YF. ix"41i+ i�i`�i�: �13�{;',,6� le. u ber�� =x U }t+fti- U�' . 4^`�' ' � i tY Xt,.s?u y:. II:. '% : Ii., T , .. f.1 f ..T t � ?���S�.fr' ,y. wlj,'.f fiy`,�r; ti,£ �i yy3 3 �Y Rg�i. ��t: � ({: j �,.�' 3'l � w5 � .; s3M'1il z� rk z� 3 .: .}L . F sS} i i f`3:' °y' p :ki ec •,ry,�1be . § •pl,,, stL , , ; a A a 1 bi ....,x!.3zfi`S3:.a6i aME`�11.,....„ „L>iij .; C<`9,•".4 .fri.. .: ;,... .1 t: a,. ».. . w ” n , { N j< ie .�7 ? . .t �s k�b: . ,tai ri. . ,ro ect lie#.:�y �2= r:= ''� ', f i>. H�: f;{ px,•i�it,i.:�taidilf.'a.¢;:$,:3 F :. : g ' f3 , .y $F�„ .,,, J?3x 'f.. �� x t> �£ ..aa�iY��iF x'0.;x.€ 4 .. .�'iy, i \ {lA�Yxss l`^`•.'3r 1 to t�,tY`i:•� AOihe FIle #U }.M YSCM b:J1Nik: iii i�Air 3 33�i r t f ; ": <• ,." o "suss g i. 23 a:a 0� aa� SUi'�r. c,'�;�. , l F g�' !. rl+i ra i, isgs in'i x i ,S , a` •�y''f TK.z R7 Iii':. �.e F z< ?. ::x y{ i a t . iZ x, i��j� { `.dA'� l ppli tiort Campiete (Dater•..„ i. ;. ^'Y a .... . .i ?_, tO ✓i :''�i'' Ogi� r;. { t �..,�. T }� r' y3iA :i ' '�'1ai "� . 6 :�3 .L z.' S 1 S cation:lllcom fete' Date Fa � .. .1 Y;a i+y' VYI p�. :Y`a�%'i �� 'R{'< O hel Flte;# 3 .. f i}, Y �€t (( X S£ti R=Q %q.: ! {� �'£d <•,.. t �Y Q '! '� 2 . x x £ ►; ° I. PROJECT BACKGROUND A. NAME OF PROJECT /DEVELOPMENT: USWEST Communications — Wireless Rainier View Community B. LOCATION OF PROJECT /DEVELOPMENT: STREET ADDRESS: 10915 51st Ave., S., Tukwila, WA ASSESSOR PARCEL NUMBER: 687420 -1130 LEGAL DESCRIPTION: Located on drawings. Quarter: SE Section: 03 Township: 23 Range: 05 (This information may be found on your tax statement) c. CONTACT: (Primary contact regarding the application, and to whom all notices and reports shall be sent) NAME: Marcus Handler ADDRESS: 1109 1st Ave.. Suite 205. Seattle, WA 98101 PHONE: 224 -8317 SIGNATURE: ' e 4 "' DATE: S- ZCVCKLST.DOC 7/2/96 ::AA ;∎}i. r ;;i'AtTiriti%e:'i4�i2 r1K. •`+1,' `di`;w'."''c` t lub CITY OF TUKWILA APR 1 5 1997 041`n -4;; Xgiu'i,11, f �i�i*iA9'ti satri�tisr;�i"''il�s(il3ttu� PERMIT CENTER Z • H Z, 6 2. w. UO: o; cnw. W= J 1—: w O: UQ; a: - w .Z Z 2• p� 13 I- W W. Z •ui Z. U D-' F-.z. O A. WHY iS THIS VARIANCE BEING REQUESTED? To construct a wireless communication facility. B. DOES YOUR REQUEST MEET THE VARIANCE CRITERIA? The Board of Adjustment will base its decision on the specific criteria shown below. You are solely responsible for justifying why your property should not have to satisfy the same development standards which all other properties /projects must meet. The Board must decide that your variance request meets all five criteria. On a separate sheet, respond to each of the of the five criteria. The Planning staff has provided some explanatory notes (in italics) to help you respond to each criteria. Please feel free to use or ignore these as you see fit. The Board will make a decision based on the five criteria, not staff explanatory notes. 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and In the zone in which the property on behalf of the application was filed is located. Explain how your requested variance would not give you a special privilege in your use of the property in relation to the requirements imposed on adjacent and neighboring properties and on properties within the same zone classification. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property In order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. Does a special property characteristic such as size, shape or topography, combined with the zoning code requirement, prevent you from using your property in the manner of adjacent properties or other like -zoned properties? Special circumstances should not be due to: 1) actions by past or present property owners (i.e., developing or subdividing property which results in an extremely difficult to build parcel) or paying more for property than was justified by its development potential; or2) actions which have already been compensated for (i.e., the State ' condemns a portion of land for 1 -5 construction and compensates the owner for the diminished value of the remaining parcel). 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or iruorovements in the vicinity and in.the zone In Which the,subiect property is situated. Would granting your request cause any narm, in jury, or interference with uses of adjacent and neighboring properties? (Consider traffic, views, light, aesthetic impacts, etc.) 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. After review of the City's Comprehensive Land Use Policy Plan, list any inconsistencies between your variance and the Plan's goals, objectives or policies. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Without the variance, no uses for which your property is zoned (i.e., for a single - family residence or commercial site) would not be possible. Without the variance, rights of use of your property would not be the same as for other similarly zoned property. Describe other altematives for use of your property. Why were these alternatives rejected? ZCVCKLST.DOC 7/3/96 : - CITY OF UKWILA /*"'') DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 CONDITIONAL USE PERMIT (P -CUP) APPLICATION ; Vy,£�+'Ei.,. ,... - ix > 3' x Y��' 'Yi M�. 3i y' �T.' •Y ? ,5 :" "D <� .� �k A x�.,�,.,..:,:. ..: ..;; �. 7£ 1, FOR $TAP USE.j. �=;:.. , X"#nt'V'sF?;?,x i;3 '.i�.:: ^.> ;i>.... i.. R la . �, . !z 3 .1: ¢i">.dl}1i �, :4 ,. q, if , £,r.'€ �i �;ill:�i�`�i3F.Sl ko #¢f,;x £Y.9 tt,�t c Si Sx 3rd! 2w� ti # Pitanner. x F • Ry1 t f >{ 3 F Nx ?:,2niAl >t'i'v'!}x3 °3�sS•.':. �. :: :. ;.. :' .: i.lr ,.eif':�:� ^{ 3'1 �t £aiay ,fq. ,js5 V ct ;"3Y 'pS "r1 '>.f '�4' t I ' 1 {� jr F M�{JQI IeiN 2 Ss " ..£... is ,.l 3� 3 (£ .j y �t ajF i ... s•1< }' pa T§.' .t i� ^,;F:, x y 5 U > . ' a�1 ?; »:rr:?' LSY F 225 , V Sf fi Receipt Number: _ ?, t,i �;i . F N �j i }5; r ,,,t? ,,,E. ;i £ F .... ..:..: ... ... r. ..... :: :Fv. '1, i` f "i' !3>� .... - .. .. ..i. .., 32•z..2Sr .;.... `j., < :r6£',61,04.;:!P' ss.. @S, °Protect #. r• .�I le ,i. £5 >iR`wa .ix x. x ..: x♦ •s!> . TF ?.. X z3 .z7 ' ,j > , ,Y iS Q^j . , i. x3F c .. li . ;' .s5i tm.:••zi r,, ;'t :; i. xkF. xJ > < �'S:kv� »•xg yx,i;:s> : r iy��g ,:e Vii. }'n jA Y ii% 3 F C F3 �. "S;it`.> v}: f. �: �� .. ..� .` , :� Y) ih 9 `�� 'Fii` i�R•L�F A katloti;:Com' lets Date. '. <a` ;,Y >F (a •, �= t iJY,..,.. ,,, t,, xtr f ,.? �2 .. IV F�Ie F} irr i ti � ? ; p(oatlon� ncomplete T D ;t: :, f g $4ther:Flle: #. I. PROJECT BACKGROUND A. NAME OF PROJECT /DEVELOPMENT: USWEST Communications - Wireless Rainier View Community B. LOCATION OF PROJECT /DEVELOPMENT: STREET ADDRESS: 10915 51 Ave. S., Tukwila, WA ASSESSOR PARCEL NUMBER: 687420 -1130 LEGAL DESCRIPTION: Located on drawings Quarter: SE Section: 03 Township: 23 Range: 05 (This information may be found on your tax statement) c. CourAcr: (Primary contact regarding the application, and to whom all notices and reports shall be sent) NAME: Marcus Handler ADDRESS: 1109 1st Ave., Suite 205, Seattle, WA 98101 PHONE: 224 -8317 � %/ /� SIGNATURE: IJ-v l�'�l DATE: V- 7-9f CUPCKLST.DOC 7/5/96 i'*:. r: i' 1'.' G4.+. a�} n.!' ui:➢ ii' i1r' Si4t?�2�F ,ifS'`S.tti": +•uiik't'+,'' :i'.t`,.' is 53:�i ':t��e.>�ati.O Nht2r�ta?; �n+ nr„ �i��' tb ?,�.1's�x7.a:"�a��,:�;•at�,�cc Club. 11. A. PRESENT USE OF PROPERTY: Community Club B. PROPOSED CONDITIONAL USE REQUESTED (FROM LIST IN YOUR ZONING DISTRICT): Conditional Use Permit C. DETAILED DESCRIPTION OF PROPOSED USE (FOR EXAMPLE, DESCRIBE THE MANUFACTURING PROCESSES USED, WHOLESALE/RETAIIJWAREHOUSE FUNCTIONS, OUTSIDE STORAGE OF GOODS OR EQUIPMENT OR OTHER INFORMATION WHICH WILL FACILITATE UNDERSTANDING OF THE ACTIVITIES YOU PROPOSED TO DEVELOP ON THIS SITE): Construction of a wireless communication facility consisting of a 60' monopole with a 3' lightning rod attachedrnthe center of the pole. Six panel antenn will attached to the top of the pole. A 9'6" x 12' concrete pad will support two equipment cabinets with room left for two additional growth cabinets. The site will will be screened an protected byy arkin bollards. D. WILL THE CONDITIONAL ill SE BE IN OPERA11ON ANDIOR A BULLRING TO HOUSE THE USE BE STARTED WITHIN A YEAR OF ISSUANCE OF THE PERMIT? Yes. E. ON A SEPARATE SHEET, DESCRIBE THE MANNER IN WHICH YOU BELIEVE THAT YOUR REQUEST FOR AN CONDITIONAL USE PERMIT WILL SATISFY EACH OF THE FOLLOWING CRITERIA AS SPECIFIED IN TMC 18.64.030. 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated. 2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. 5. All measures shall be taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. CLIPCKLST.DOC 7/5/96 s JU 0O• 0: N w. W =: I- w 0' Q LL a: CO a II--_. Z I- 0. ZI-' ut U SP- 11.1 W ,U V1 { t41!... GROUP INC F- 455 132 P- GG2 APR 03 '97 i6:23 2E4577108 D. PROPERTY OWNER DECLARATION The undersigned makes the following statements based upon personal knowledge: (ZirrP_ c.l-r"* • I am'the current owner of the property which Is the subject of this application. All statements contained in the application are true and correct to the best of my knowledge. ' The application is being submitted with my knowledge and consent. I understand that conditions of approval, which the City and applicant have jointly agreed may not be completed prior to final approval of the construction (e.g., final building permit approval) will be incorporated into an agreement to be executed and recorded against the property prior to issuance of any construction permits. I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the foregoing statement is true and correct. EXECUTED at i Oit (city), , 199 *. Pe_Ls (nncT� (state), on (Print Name) ) PO &x 65(4 5( 7 )(A-t- U)eit (Address) (Phone Number) (Signature) Qi 1?=,(1—A- amezLd / DA/ Use additional sheets as needed for all property owner signatures. z z. re w 2 J U; 00: CO ' cow w= I— CO ui 0. LLa I— al zo .ONE 0 I- 2 w. F- U LL .wz • - 0 O , z EX. BUILDING 25' ROOF 2nd STORY DECK ABODE' PLANTER J0' EX. (HOUSE & CARPORT //� 15' ROOF RESTRIPE EXISTING PARKING LOT —,� PLANTER 01.14 AB ON EX I PA - ING S LS S:IUE EAS �Yo2 E) {ST. ' AN CA - ING: ROX ' H N8: 31 "1V 115.75' WPO cz 31. EW`L4N SC PING E -ETA IL PLAN A -I N QQ B E N STALL� t, 00 PATCH A PAVING PHALT IS AREA Aink milIEL E7AT.t)N 37GN1f7CANT qJ 23 STANDARD CIVIL NOTES: SITE WORK I. ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWINGS AND STIPULATED IN THE SPECIFICATION PROJECT SUMMARY. 2. RUBBISH, STUMPS, DEBRIS, STICKS, STONES AND OTHER REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. 3. THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW AWAY ✓ "'? :.,,,�� { ? STANDARD CONC I. ALL CONCRETE WOF ACI 318 AND THE E T. ALL CONCRETE SR' 4000 PSI AT 28 D 3. REINFORCING STEEI UNLESS NOTED 01'' A 185 WELDED STE ri A44 ""Fi" ANn Al File: mm Drawing# i d ??'s vr'. jpi %.':1,ikr ? "f�� sir= �; ',Y- i!Fi�r{�.y"5ri�i,�i..� „t.:u i•=: i:<C July 3, 1997 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director Marcus Handler The Walter Group 1109 First Ave Seattle, WA 98104 Re: Application for a Variance (L97- 0021), Conditional Use Permit (L97 -0022) and SEPA (E97 -0010) for a 60 foot monopole /PCS Base Station at 10915 - 51st Ave S. Dear Mr. Handler: To confirm our telephone conversation of July 2, you indicated that you would like to reschedule the July 24, 1997 Planning Commission hearing on your project, as referenced, to August 28, 1997. Your decision was based on my preliminary review of the project, where I indicated that a variance from the maximum height allowance in the HDR zone may not be granted and that there were problems in meeting the city's Off-street parking and loading requirements (TMC 18.56). To ensure compliance, the project must meet the following minimum parking standards: 1. A minimum of 14 parking spaces (30% may be devoted to Compact Parking). 2. One loading space for a commercial use (TMC 18.56.060) 3. A handicapped parking space (TMC 18.56.080) 4. Bicycle parking and an appropriate location (TMC 18.56.130) 5. All turning and maneuvering space to be located on private property, unless specifically approved by the BAR or Public Works Director (TMC 18.56.040(5)(b)) 6. All driveways to rear parking at least 12 feet in width with a minimum of a three foot sidewalk adjoining the building and raised at least 6 inches (TMC 18.56.040(5)(d)) 7. All off - street parking or loading facilities shall be paved (10.56.050(7)(a)) In addition, the project does not comply with landscape code requirements for uses in the HDR zone, as a 10 foot landscape border is required on the side and rear property lines. I am in the process of finalizing the SEPA determination on this project, which will include a memoranda reiterating the issues indicated above. I anticipate mailing this out some time next week. Please contact me after you have had time to re- evaluate your project. Sincerely, Michael Jenkins Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Z • re 2i w` u�. . J U: UO :N0 J p CO IL • w 01 • u_ Q° • H W. Z I.-; • z� AU D • ON !01--i oi • tL O. w =:. O~ z 1 A F F I D A V I T McMw.-EN O Notice of Public Hearing O Notice of Public Meeting Jj Board of Adjustment Agenda Packet 0 Board of Appeals Agenda Packet O Planning Commission Agenda Packet 0 Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: O Notice of Application for Shoreline Management Permit Shoreline Management Permit fJ Determination of Non - significance LI Mitigated Determination of Nonsignificance fl Determination of Significance and Scoping Notice ONotice of Action Official Notice Other Other [' 14o-cic. APPL-KATicA was mailed to each of the following addresses 516 Sou-91 1-a) vJA q �� on to-20 11 Name of Project f,CJ iV CD%14MllAJ1C, M gnature File Number LPI1 - 002-1 1<j]h .. cq -.. ,, �' is�..,, isii ;;r.�s�S:sva.�....:2:�+siii�• ., a�st';,titY3J..,.,raTitS;�:.x ,,._�;'s;^ iii' �» u. x. v. �c.,nt5l;£��v...�v'ew,w�„�'i.�` 4; d; s,•''. �k4:ws''sir:?si:`+:.i:; "';2fiiry THE WALTER GROUP June 17, 1997 1109 First Ave. Suite 205 Seattle, WA 98101 (206) 467 8704 Fax (206) 467 7108 Michael Jenkins Assistant Planner City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 RE: Conditional Use Permit Application, with Variance and SEPA, for 60 foot monopole at 10915 51st Ave. S., File Number L97-0021 (Variance), L97-0022 (CUP) and E97-0010 (SEPA) Dear Mr. Jenkins: Enclosed is the signed and notarized Affidavit of Installation and Posting of Public information Sign. The sign was installed in the correct position on 6-17-97. If you have any questions please contact me at work: (206) 224-8317. Sincerely, 94f-edexA- fettAe0e-- Marcus Handler Site Acquisition Associate The Walter Group Enclosure RECEIVED JUN 1 8 1997 COMMUNITY DEVELOPMENT `CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGNS) State of Washington County of King City of Tukwila I Ma rww Uq (et' (Print Name) understand that Section 18.104.110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness.. . I certify that ivz. 171 1991 the Public Notice Board(s) in accordance with Section 18.104.110 and other appricable guidelines were posted on the property located at 1091 S- 5($1' A ve. S. so as to be clearly seen from each right -of -way providing primary vehicular access to the property for application file number QI7 — 0011 [, q ?— 0.01 €Tr — 00 ( O • • or 4H ..'�1N C47 �� Q" i ate 4o; 4.1114. w .'M...• .••' • • *f N AS* 0. SUBSCRIBED AND SWORN to before me this ,9 day of Affiant (Applicant Signature) 19 9� NOTARY PUBLIC in and for the State of Washington residing at My commission expires on .5'9-99 �,�.ltii?t8• �4�, cY�a��t' tit57;& nti�hlre':: NIeY,l 3` �IF +Y.;�xif�L= :i.2tW�;rt��;�iwiii %ice?: }�i(5u��`r7N'riikii REGE N-ED • JUN 18 1997 COMMUNITY' - •; DEVELOPMENT • "., S1ks�: sA�i�. �,' w. dkt`;•b'�`.�':�'a'.4,�i�Uar.��, a: 4iLSi 'saiti�«'k44X4caC}"%Ss4.e. ti City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED JUNE 16, 1997 The following applications have been submitted to the City of Tukwila Department of Community Development for review and decision. FILE NUMBERS: APPLICANT: LOCATION: PROPOSAL: OTHER REQUIRED PERMITS: L97 -0021 (Conditional Use Permit) L97 -0022 (Variance), E97 -0010 (SEPA) US West Communication, by the Walter Group 10915 - 51st Ave S Installation of a sixty (60) foot monopole for Personal Communication System (PCS) telecommunication base station Building Permit Land Altering Permit These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on July 11, 1997. This matter is also scheduled for a public hearing on July 24, 1997. If you are interested in attending the hearing, please contact the Department at (206) 431 -3670 to ensure that the hearing is still scheduled for this date. If you cannot submit comments in writing by the cutoff date indicated above, you may still appear at the hearing and give your comments on the proposal before the Planning Commission. If you have questions about this proposal contact Michael Jenkins, the Planner in charge of this file. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. APPEALS You may request a copy of any decision by the Planning Commission on a project or obtain information on your appeal rights by contacting the Department of Community Development at 431 -3670. A decision from the Planning Commission may be appealed to the City Council. DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: NOTICE OF APPLICATION POSTED: April 15, 1997 June 4, 1997 June 16, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 �.. ;iii lgilital 1ikrCi 4i i,?It :G6 s 'eaa7k4.tat. A'Jniis c +� u s% rcis2s<S rtlts4' vr' +1441 '4%.: 4 Q 2� w, n:2 JU U 0= NU t/) W W =i CO LL 0, ga FR.a _; z1._: o.. z �. uj 'O —' 0 H 'W H U lil v =` 0~ z 1 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION June 4, 1997 Marcus Handler The Walter Group 1109 First Ave, Suite 205 Seattle, WA 98101 Re: Conditional Use Permit Application, with Variance and SEPA, for 60 foot Monopole at 10915 - 51st Ave S., File Number L97-0021 (Variance), L97-0022 (CUP) and E97-0010 (SEPA) Dear Mr. Handler: Your applications, as referenced above, have been found to be complete on June 4, 1997 for the purposes of meeting state mandated time requirements. The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). Also, you must obtain a laminated copy of the Notice of Application and Notice of Threshold Determination to post on the board. These notices are available at DCD. After installing the sign with the laminated notice, you need to return the signed Affidavit of Posting to the our office. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. I will be contacting you soon to discuss this project. If you wish to speak to me sooner, feel free to call me at 431-3685. Sincerely, • Michael Jenkins Assistant Planner cc: Reviewing City Departments 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 .Z •- = 1- : Z 6 D- -I • 0 0 • • ° U)UJ D. m, 11-`k ui 0, (P. a w 1— 0' z W. 2 D, D ° COI 0 'WV* WI 0' 1"' Z ILI ■ City of Tukwila Department of Community Development John W. Rants, Mayor • May 6, 1997 NOTICE OF INCOMPLETE APPLICATION Marcus Handler The Walter Group 1109 First Ave, Suite 205 - Seattle, WA 98101 Steve Lancaster, Director RE: Application by U.S. West for a Cellular Tower at 10915 - 51st Ave S., including SEPA (E97- 0010), Variance (L97 -0021) and Conditional Use Permit (L97 -0022) Dear Mr. Handler: Your application for a Conditional Use Permit, Variance, with supporting SEPA Checklist, as referenced above, has been found to be incomplete. In order for this application to be determined as complete, the following must be submitted to the Department of Community Development: PUBLIC WORKS a. A copy of the Geotechnical Report listed in SEPA application, due to the location of a City Sewer line near the proposed development. DEPARTMENT OF COMMUNITY DEVELOPMENT a. 6 additional sets of plans for SEPA application b. A separate Landscape Plan prepared by a licensed Washington State Landscape Architect. c. One,,set of mailing labels comprised of two labels per address are required for each application. Only one set was submitted, therefore two more sets.are required for the three applications submitted. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 .7.. �:tr.. •.Hf:a.4 *.. L.�,t .iv .�.lf " "/ ,Z�iv !ry v +iz;��.i,u:1 t.. �U' I.,,:. Sv ..%4iSeS:.:i..xSiY:.td= .!F3.[s ;dt�ti 16-21&614 ?'3i44..Nit :44 1,Wil7kti F ' " "4 ilk ; "�'s i1 !;ilS�r ?f�1^., 1 =t ,++i�64:- ;;;,k' 6 .J U .0 O; O • .u) w • w=. N Wo u- ?; • ie d • .z� .1--0: • WWI D pr • ;0 o wW .1- -? wz U V. z t: 1 May 6, 1997 Marcus Handler Re: Cell Tower at 10915 - 51st Ave. S. Page Two Upon receipt of these items, the City will re-review them for completeness a nd will mail you written notification of completeness or incompleteness within 14 days. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.105.070(E). A hearing is currently scheduled on this application before the Planning Commission on June 26, 1997. To ensure that this spot is held, the materials requested in this letter must be submitted prior to May 23, 1997. If these materials have not been received by this date, you most likely will be rescheduled for a hearing in July or August, depending on availability. If you have any questions, my telephone number is 431-3685. JoAnna Spencer, the Development Engineer for Public Works, can be reached at 433-0179. Sincerely, Michael Jenkins Assistant Planner cc: Reviewing City Departments cAmsoffice...repons\9721incm.doc MEMORANDUM DATE: May 2, 1997 TO: Michael Jenkins FROM: Marcus Handler, TWG RE: Kubota Gardens / Rainier View Community Club SEA003 CC: Enclosed are visual supplements for a application I dropped off two weeks ago. The application numbers are: SEPA- R9700567 VAR- R9700567 CUP- R9700567. Please call me if you have any questions: 224 -8317. RECEIVED CITY OF TUKWILA MAY 0 51997 PERMIT CENTER L11 - pozz, CITY OF TUKWILA CONDITIONAL USE PERMIT AND VARIANCE APPLICATION REQUEST INTRODUCTION The Walter Group inc., is a local telecommunication consulting hired to obtain leases and permits for PCS antenna sites for USWEST Communications - Wireless. As stated in Tukwila's Comprehensive Plan, USWEST is the main supplier of local telephone service and is required to provide adequate telephone service on demand. Therefore as society demands a greater mobility and access to communication and technology advances, USWEST is answering those needs by developing a new PCS wireless communication system to complement its existing wireline system. This system is being developed to enhance and eventually create a communication system where each user will have one phone number for all uses. Once operational, this completely digital system will offer many enhanced features beyond voice communication, such as caller id, two -way paging, and e-mail capability. As the cost of wireless communications declines, this source of communication becomes less of a luxury and more of a necessity. During natural disasters, emergency situations on the road, and daily use wireless communication devices serve as vital links to the world around us. The competition introduced by PCS will reduce the price of wireless communication and will bring the convenience and safety of wireless to more people. The goal of USWEST and other providers is to create an affordable wireless network that may eventually compete with and entirely replace wireline telephone networks. This site was selected due to the reduced impact the location would have on the community and engineering justifications. The proposal also serves as an income source for the Kubota Gardens which is a non- profit Foundation. This building was donated recently to Kubota Gardens by the Rainier View Community Club to be used as an office building. As a non- profit organization Kubota Gardens provides a number of community services including educating the public, research and school tours. The additional income that USWEST has agreed to give to the Foundation will help support these community activities. PROJECT DESCRIPTION USWEST Communications - Wireless requests a Conditional Use Permit and a Height Variance to build a wireless telecommunications facility at 10915 51st Ave. S. in the City of Tukwila. The proposed use located in a HDR zone, defined as "Radios, television, RECEIVED CITY OF TUKWILA APR 1 5 1997 PERMIT CENTER itiirr}`. w:; t�SitG7f�ir ^C�'.�?�%,i�L;7n''zA• ';�+f ;,« iti'?. ard' �u�ix{ ESKrifS�iiL�7ti��+ tia` x�3' stlec' t, "`x��`bai.�?.Sr�`F.�il�it'`.t *. �aiifia"a`U' "a��i '?f � s� z Xz It 2 00 N C' cnw, W =: H. w O, gQ' co d. I- w z F:. x-01 Z ►-' 111 uj 0. O D 0 1—: w ui z.` U -. O z microwave cellular or observation stations and towers," is allowed as a conditional use according to TMC(I 8.14.040). This facility will include the installation of unattended equipment cabinets and a 60' monopole with a three foot lightning rod attached to the top. The structure will support six panel antennas which measure 42 inches long by 5 inches wide and thick. The proposal calls for two five foot tall (5') equipment cabinets to be placed on a 9'6" x 12' concrete pad with room left for a two small growth cabinets to be added later. The south and west side of the site will be surrounded by six foot (6') shrubs. The east and north sides will be protected from the parking lot with parking bollards. The facility also includes a small Global Positioning System (GPS) antenna attached to the pole, a power meter and coax cable connecting the ground cabinets and monopole. The entire facility covers approximately 600 square feet including landscaping. Access to the site will be through an existing parking lot. USWEST will provide telephone service and power will be routed to the site. CONDITIONAL USE CRITERIA Requirements of 7MC18.64.050 The following criteria shall apply in granting a conditional use permit: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use in the district in which the subject property is situated; The facility is designed to have a minimum visual impact. The facility is located in the back corner of the property entirely out of the way of the existing use. The site will be shielded from the street and surrounding property owners by an existing 22' structure and shrubs to the east, south and west. Additionally to the west the land slopes down at a rapid rate toward I -5. During operation the site will be inaccessible to the public for the equipment cabinets are self contained and unmanned and it will generate only one visit per quarter for maintenance purposes. The facility does not emit harmful rays, noxious odors, heat , excessive noise or pollutants. The public will be unaffected by this site. 2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy; There are no performance standards applicable to this project at this site. 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; ..{ L�.' ii,''.\: ha. tc. s. u.. w. w^ �.' l.'. �e):..: O: S; k3V. h. S��fae. c%: �.:. i�: r�: c�YY. ac' rriwS�.. w'. �.: uY. ri:':, Saarn.. r.:: �. �, �Q :Rt1•L1�Vlgy.p7rR,p'Misml:./.a .. . e�wmnw�wns» w. wurrwiov+ ..a..- w�x......��.........,._.. ...... :.+�- r._....... .......... .. .... .. -"1 The proposed use requires only one maintenance visit per quarter, which will generate no measurable amount of traffic to the property or surrounding district. The equipment will be screened by an existing hedge and more vegetation will be planted for shielding purposes. The site is compatible with the existing use, for currently there is a community club on the lot. 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan; Policies for non -city owned utilities: 12.1.34 Actively coordinate project implementation with individual utilities based upon Tukwila's Comprehensive Plan and Development regulations. Based upon the nature of this project, implementation is consistent with Tukwila's Comprehensive Plan and Development regulations and does not require further coordination with individual utilities due to type of facility and location. The site has been located in such a position so as not to interfere with existing communication facilities. 12.1.36 Encourage utilities to consolidate facilities and minimize visual impacts of facilities where technically feasible. USWEST seeks to collocate with other wireless telecommunications providers when project scheduling, design and construction feasibility is possible. At this time no other carriers have approached USWEST about locating at this location. The facility will have a minor visual impact on the district. The topography provides substantial natural screening from neighboring properties. The high point of the area is toward the southeast with the hillside sloping down toward the proposed facility. The site is positioned directly behind an existing 22' building which shields a significant portion of the site from the east. Furthermore with the slope of the hill, properly owners across the street will not notice a visual obstruction. South of the site is a vacant lot, with apartment units next to it. All of the apartment units views face towards the west and their views are not affected by the proposal. North of the site is an apartment complex with their main views facing the valley to the west. Directly to the west the hillside is mainly undeveloped due to the steep sloped terrain. One house is located on the northwest corner of the lot, although only the garage and back of the house face the site. Additionally 6 -8' shrubs and sloping terrain will create a create a cotnbined 10 -15' foot natural separation. The site has been placed in such a way. as to cause a minimum visual impact to surrounding property owners. 5. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. USWEST has done extensive testing for this location in order to determine the lowest necessary height for the structure while still maintaining coverage for the community. Some property owners are aware of the proposal, including a neighbor across the street and to the north. The reactions were that the proposal is non - significant and would not effect them. Also, as stated above the site has been located in such a way as to use topography and natural vegetation for screening purposes. Maintenance visits to the site will be only once per quarter and therefore will not affect the surroundings. The proposed communication facility will be in secured equipment cabinets which are inaccessible to the public. PCS uses low power and operates at a frequency that meets all requirements for the health and safety of the community. This is a very suitable location for this installation and it will have minimal impact on adjoining properties. TMC 18.28.080 The site meets the performance standards of this section. VARIANCE CRITERIA 1) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of the application was filed is located. Granting a wireless communication facility in this district will not result in a special privilege in relation to other properties. Wireless networks require line of sight from antennas to users. Topography, vegetation and other obstructions must be overcome to deliver wireless services. With so many hills and trees in the Puget Sound region, it is necessary to be located in open and high ground areas so service will be provided to all users. This particular site is located near the top of a hill is being placed here to serve the entire neighborhood and region equally. Furthermore, there are wireless communication facilities within Tukwila which have a higher height than this proposed structure. There are a number of 40 -60' ham radio antennas throughout the top of the hillside in this neighborhood. Across the street from the proposed lot, there is a wooden pole which supports a transmission antenna. Directly to the north, approximately 80 -100' high tension power lines run through the neighborhood. 2) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject properly is located. The proposed location is situated on the hillside covering Skyway, Bryn Mawr and I -5 from 51st Ave. S. This location and design is needed to provide USWEST's wireless Personal Communication Services (PCS) to the community. In order to deliver effective PCS service, the site location had to meet technology and customer requirements. Fundamentally, this meant that the engineers designed the network to deliver and receive strong signals to and from each customer without interference among the customers utilizing the network. The proposed location in Skyway is needed to meet the overall network design requirements and to deliver strong effective service to a large capacity within the proposed facility's coverage area. In order to send and receive a strong signal, a PCS network consists of several small sites rather than one site, because the signal strength is not powerful enough to cover a large area from one site. USWEST's PCS network operates in the 1.8GHz range. Wavelengths in this spectrum travel a limited distance. In fact, they travel about half the distance of traditional cellular waves, which are in the 800Mhz range. Therefore, USWEST's PCS service needs to be delivered from a number of sites in and about the City of Tukwila. This site is one of the sites needed to deliver service to the City of Tukwila. A second factor in sending and receiving a strong signal to customers is to maintain an unobstructed path between the customer and the antennas located at the facility. Topography, vegetation and man made structures present obstructions to the signal sent from a communication facility. Hills, trees and buildings can completely block signals or absorb energy from signals so that they fade out sooner than desired. In order to send and receive strong unobstructed signals in this area, the communication facility must be located in such a manner that the antennas have a "line of sight" or clear path to the customers within reach of the signals sent and received by the facility. This facility's location and design will deliver a strong signal to the surrounding area. Coordination of the physical design and location of communication facilities is critical in order to limit interference between customers. Other facilities have been sited with this facility's location in mind. Altering the facility location and design will impact and disrupt the surrounding facilities' location and design. The network must have the capacity to meet the demand for service. Wireless technologies are moving beyond telephone calls from pedestrians on the street and people in automobiles. The public demand for wireless modems, paging, facsimiles, security systems and other future technologies require that communication facilities not only be able to send and receive signals in their limited coverage areas, but also have the capacity to handle all the customers within the facility's coverage area. z Q re 2W. 00 co o. W = J u_. uiO J u. < Na 1=_.w z1- 1- 0 z U �; !O N` 0I = V'- tL O z. U =; ~O F" z 1 To meet capacity, several communication facilities are required to service densely populated areas. As callers travel through different locations, the various facilities transfer calls or "hand off " to each new facility that covers a particular region. Even if one communication facility could deliver a strong signal to all of Tukwila and its surrounding communities, it would not have the capacity to handle all the customers. To draw an analogy, one regular land line phone switch cannot handle all of Tukwila's phone calls so phone companies place several switches within the community to meet capacity requirements. Wireless carriers have capacity problems because they use a small portion of the radio frequency spectrum. This small portion of spectrum can only handle a limited number of "calls." To get around this limitation, large communities are divided into smaller areas and a communication facility is assigned to each small area. This allows each site to use that small portion of spectrum to cover the smaller number of people within that portion of the overall community. This site in particular is designed to meet the capacity demands of Skyway and the surrounding streets, and neighborhoods. As shown, no one factor drives the network design. Capacity, coverage and interference are integrated concerns. More than one communication facility is required to cover the community because the signal can only travel a limited distance. At the same time, using several communication facilities allows for greater capacity on a small portion of spectrum. Coordinating the physical design and location of facilities avoids interference. Together, these strategies allow the engineers to use a few facilities to provide coverage to a lot of customers. This location was picked and designed with the overall network in mind. It is not only necessary to provide service within its coverage area, but also to support the demands of the network as a whole. 3) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. This facility, as proposed, is in the rear of an existing building. The slope of the topography combined with the relatively short height of the monopole creates a visual barrier for the community. The proposed facility calls for bushes to be planted on the southern side thereby matching bushes which are presently planted along the eastern edge of the property line. Additionally the monopole can be painted any color necessary to blend in with the surrounding area. The frequency used is regulated by the FCC and is separate and distinct from frequencies used by television and radio stations. Therefore, it will not interfere with use of televisions and radios. 4) The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. z Hz re u6R 0 co 0 • =: J • O. w g• a CO D . 1- _ Z 1.- 1- O'. Z 1- uj co • W': • O ui z. U U. 0 F. z Policies for Mon -city owned utilities: USWEST's proposed facility conforms to Tukwila's Comprehensive Plan in regard to the Plan's goals, objectives and policies and will not adversely affect its implementation. On the contrary, USWEST is mentioned in the Comprehensive Plan as the main supplier of local telephone service and currently this system is being developed to enhance and eventually create a communication system where each user will have one phone number. 12.1.34 Actively coordinate project implementation with individual utilities based upon Tukwila's Comprehensive Plan and Development regulations. z w re 2 M 00 rn o : ' • cnw J =` U_ Based upon the nature of this project, implementation is consistent with Tukwila's 'W 0 Comprehensive Plan and Development regulations and does not require further 2 �.. coordination with individual utilities due to type of facility and location. The site has u_ J¢ been located in such a position so as not to interfere with existing communication facilities. _ Z 12.1.36 Encourage utilities to consolidate facilities and minimize visual impacts of w 0 facilities where technically feasible. 2 M. USWEST seeks to collocate with other wireless telecommunications providers when o �. project scheduling, design and construction feasibility is possible. At this time no other= twi carriers have approached USWEST about locating at this location. u. z The facility will have a minor visual impact on the district. The topography provides v = substantial natural screening from neighboring properties. The high point of the area is ~O toward the southeast with the hillside sloping down toward the proposed facility. The site Z . is positioned directly behind an existing 22' building which shields a significant portion of the site from the east. Furthermore with the slope of the hill, property owners across the street will not notice a visual obstruction. South of the site is a vacant lot, with apartment units next to it. All of the apartment units views face towards the west and their views are not affected by the proposal. North of the site is an apartment complex with their main views facing the valley to the west. Directly to the west the hillside is mainly undeveloped due to the steep sloped terrain. One house is located on the northwest corner of the lot, although only the garage and back of the house face the site. Additionally 6 -8' shrubs and sloping terrain will create a create a combined 10 -15' foot natural separation. The site has been placed in such a way as to cause a tninimum visual impact to surrounding property owners. 5) The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. .: USWEST is designing this system to complement their existing wircline system and offer quality service to the community. Once operational this system will help provide wireless communication for the entire community. The location has been picked to service the Skyway, Bryn Mawr and 1 -5 areas. This site serves as a crucial link in the Skyway and Bryn Mawr region. Without a wireless communication facility toward the top of the hill in this area, the surrounding community will not be able to use their phones. USWEST's philosophy is to provide wireless communication coverage to the entire community regardless of economic or physical location. Furthermore people living in the area have the right to wireless communication in there own neighborhoods. If USWEST were not able to locate here, people traveling in this region will not have wireless coverage. They will experience many areas where calls will be dropped. All members of society have a right to coverage in their own neighborhoods. In many areas of the region, wireless communication facilities have been placed in similar types of zones in order to deliver service to the community. Allowing a variance in this zone is needed to serve the neighborhood. Some of the neighbors are aware of the proposed facility and have not objected to its installation. As stated above, there are wireless communication facilities within Tukwila which have a higher height than this proposed structure. There are a number of 40 -60' ham radio antennas throughout the top of the hillside in this neighborhood. Across the street from the proposed lot, there is a wooden pole which supports a transmission antenna. Directly to the north, approximately 80 -100' high tension power lines run through the neighborhood. CONCLUSION USWEST Communications - Wireless requests a Conditional Use Permit and a Height Variance to build a wireless telecommunications facility in Skyway. This site is located in a critical coverage area for USWEST. Changing the location of the site or reducing the height will cause either no coverage for the community or a site which acts as an island, where users will not have continual coverage through their neighborhoods. When searching for a location every effort is taken to locate in an area where a minimal impact will be produced. In this particular case no commercially zoned properties or existing structures were available for use. Therefore, the height of the monopole was reduced as much as possible to minimize the visual impact. Engineers conducted an on -site analysis, network design review, propagation analysis and zoning review before determining that this location offers the community the service that they need without producing a detrimental impact on neighboring properties. This particular site has a height that is much shorter than height's of other facility's which are extending as high as 150'. The monopole and the equipment cabinets will be shielded from public view. The facility will not have a negative impact on the surrounding community, rather it is being placed there to serve it. STEWART TITLE COMPANY OF WASHINGTON, INC. 1201 Third Avenue, Suite 3800 Seattle, Washington 98101 Senior Title Officer, Mike Sharkey Title Officer, Diana L. Cardenas Unit No. 12 FAX Number 206 - 343 -1330 Telephone Number 206 - 343 -1327 The Walter Group 1109 First Avenue, Ste. 205 Seattle, Washington 98101 Attention: Lana Arms.trsang Customer Re t - SEA003B Title Order No.: A. L. T. A. COMMITMENT SCHEDULE A Effective Date: July 16, 1996, at 8:00 a.m. 1. Pacific Northwest Title Insurance A. ALTA Owner's Policy Standard (X) Extended ( ) Proposed Insured: TO FOLLOW B. WORK CHARGE Amount Tax 297331 Company Policy(ies) to be issued: Amount Premium Tax TO BE,AGREED UPON 2. The estate or interest in the land described herein and covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of vested in: $270.00 $ 22.14 which is Commitment RAINIER VIEW COMMUNITY CLUB, a Washington non - profit corporation, as to the west 1/2 of said premises and BEACON LIGHT COMMUNITY CLUB, a corporation, as to the east 1/2 of said premises, EXCEPT that portion lying within the Cedar River pipeline right -of -way. 4. The land referred to in this commitment is situated in the County of King, State of Washington, and described as follows: Lots 18 through 20, inclusive, Block 10, Pottery Works Addition, according to the plat thereof recorded in Volume 5 of Plats, page 86, in King County, Washington; EXCEPT portion for Cedar River pipe line right of way. RECEIVED CITY OF TUKWILA APR 1 5 1997 PERMIT CENTER uu UO: N0 CO W W z: - f-: u. ww O Q LL -J =a; I— _ W w 2 p� 0 co = ur • W. f.. U w 0; . Z LL UN F= H' O • STEWART TITLE COMPANY OF WASHINGTON, INC. A.L.T.A. COMMITMENT Schedule B Order No. 297331 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be Z insured must be properly executed, delivered and duly filed for I • record. W . B. Payment to or for the account of the grantors or mortgagors of 6 =' the full consideration for the estate or interest to be insured. _J(-) UO II. Schedule B of the Policy or Policies to be issued (as set forth in . (0 w Schedule A) will contain exceptions to the following matters unless W F the same are disposed of to the satisfaction of the Company: OLL; Lao A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or g .7.1 attaching subsequent to the effective date hereof but prior to u.< the date the proposed Insured acquires for value of record the icy. estate or interest or mortgage thereon covered by this F-W Commitment. ? H 1-0 B. GENERAL EXCEPTIONS: W w' 1. Rights or claims of parties in possession not shown by the v o public records. o H 2. Public or private easements, or claims of easements, not shown by the public record. = v 3. Encroachments, overlaps, boundary line disputes, or other ILi=- matters which would be disclosed by an accurate survey or Z` inspection of the premises. u'CO 4. Any lien, or right to a lien, for services, labor or material H = heretofore or hereafter furnished, imposed by law and not shown O1' by the public records, or Liens under the Workmen's z Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. smn+cnwa�nrnwxuxR« ew=e./.. t:m.*eW..Iw tr aI.'"%'"AVRmI.S.kt rrdt• +:!XV,K. mWVnMlrerre.Rt.$ A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: Order No. 297331 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: The City of Seattle, a municipal corporation PURPOSE: Sanitary sewer AREA AFFECTED: The west 10 feet of Lots 18, 19 and 20 RECORDED: August 11, 1967 RECORDING NUMBER: 6217699 NOTICE OF SEWER AND /OR WATER CONNECTION CHARGE: GIVEN BY: The City of Seattle, a municipal corporation DATED: RECORDED: RECORDING NUMBER: May 21, 1968 May 21, 1968 6351423 GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: CURRENT ASSESSED VALUE: GENERAL TAXES: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: 1996 687420 - 01130 -07 2430 Land: $35,000.00 Improvements: $43,600.00 $1,030.31 $ 515.16 $ 515.15 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2, THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. (continued) Order No. 297331 A.L.T.A. COMMITMENT SCHEDULE B Page 3 4. Evidence of the corporation existence of Beacon Light Community Club, a corporation, must be submitted, together with evidence of the corporate identity and authority of the officers thereof to . execute the forthcoming instrument. 5. AFFECTS: Portion of said premises vested in Beacon Light Community Club, a corporation Evidence of the identity and authority of the officers of Rainier View Community Club, a Washington non - profit corporation, to execute the forthcoming instrument must be submitted. AFFECTS: The westerly portion of said premises Title is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 8. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Tukwila. Present Rate of Real Estate Excise Tax as of the date herein is 1.53 %. NOTE 1: The application for title insurance included an address in lieu of a valid legal description. The company has examined title to . the property, as set forth in Schedule A, which it believes was intended by the applicant based on the information provided. The legal description should be examined and approved by the parties to this transaction prior to recording. (continued) Order No. 297331 A.L.T.A. COMMITMENT SCHEDULE B Page 4 NOTE 2: Please be aware that should this transaction cancel, there will be a minimum cancellation fee of $50.00 plus tax of $4.10. END OF. SCHEDULE B Title to this property was examined by: LaVonne Bowman Any inquiries should be directed to one of the title officers set forth in Schedule A. LB /sih /1915K 1.. ...:. ;...,:4.:4 ,3..n . «u),S- '..:.. 7.Q ! '(, z �:. ^., �'1ti:■4S; "1 vFUCV >;3v..a r' t 4.' .v,...�p.F "A Tradition of Excellence" IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. v,/tV.. 1 `M V:: 24' •IA111 %, r 25' 1 4 #,mow --, 2" • 10 00° IitO 1 17 1 7r��I4. 1113 ns 14,14 12 OP it;L 10 11 VIS 9 e6 040 18 , . e . foie 19 • : 7 tiN 20: •.d_ - Silk 4 l 21= • 2 te,0 • e o,:, -' 221 , 4 6+ /49 23 . : 3 . 24: . 2 04 p!e°r' j2ei a ,,, i "„ 2601 s 13 /i7 I 1/7141... , : 12 611416 SIT 1. 15 .'' : ii L.' 1e :~ • 10 00° IitO 1 17 9 to$4 1e : • 1 8 . te1i0' 19 7 o°;°° ere 00 20 : ` d 040° 1 22 • 4 ilk4 .• 23 : 3 Ao,+oe 24 : • 2 te,0 loth°° 20: [. A 1 ,1r ,era 2. ,I f I *Li S 1� o 1 `i W O (Z ! 1(A ‘� • To Tyke Lk i- / STEWART TITLE COMPANY OF WASHINGTON, INC. Order No. 261 �� ( . NORTH SOUTH { HWC u6= JU. U 0 Ili u_i W O: 2 g J' u_ Q) d; 11.1 Z Z 1, W al Uo O N; _ 0 • - Z U CO' H Z 1- statutory warranty deed larry poitras 7902281035 (REPLACEMENT r)R LOST INSTRUMENT) QUITCLAIM DEED TTLE, :i municipal corporation of the Statn of ...,°sid:_arion o2 Four ilurdred 13o31aro ($400.00) to s- .._ r.,;,I• :r i:•:_... _r n7eyi and quitclaims to 4ts' vat••,- S,yP2:1 rN nACOU LIGHT CC 4i tJY7ITY CLUB all fight, title and r,.3 in tea :a.t.. in _ .: to the • following described real eutata:, in King County, W3 C:,.r • to-wit: T :?2 ::s:,': 1/2 o: Lots 19 and 19, Block 10, Pottery Works :t ;ii.. -.,,. _ the C.lty of S u ttle, an recorded in t1o?t'ma 5, i'•Ct; :3 :, ?1:1::.3 of Y•Jnq County, Washington, except that j,r_•_r_l a ,.,.._::of lying within the 56 foot Cedar iti'/C r i ? Ya :l; r.:: ,_: t -cf- L3;►, the ' oestcr1y line of said Right- .._ '!ay i::°..:; 33 feet Westerly at right angles, and parallel to tha following described centerline: beginning at a point on the Nrortharly line of the Southeast 1/4 of the Southeast 1/4 of Section 3 Townanip 23 North, Range 4 East. S•!,N!., a distance of 83.64 feet Westerly from the Northon3t corner thercof, thence running Soatheasterly in a straight line to a point on the Easterly line of the said Southeast 1/4 cf Southeast 1/4 of Section „ Township 23 North, Range 4 East, W.u., a distance of 611.19 feet Southerly °rcm the Northeast corer thereof. IN JITN1S3 WHEREOF the said The City of Seattle has caused this inntrLr..ent to be executed by its Mayor and Ctt:, Comptroller, thereunto duly authorised, pursuant to the provisions of Ordinance No. 70837 , and has caused its corporate seal to be hereunto affixed this 8th day of May , 1947. • THIS IS TO CERTIFY that on this .?iC day of /4`, -.•9 1922, before me, the. undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared cv..,ot.(-s 1P0 y.rrt. and 45-.A% A i oo , to me personally known to be the Mayor and City Comptroller, respectively, of the City of Seattle, the municipal corporation that, nunc ^ro tune, executed the foregoing instrument; and acknowledgea to rite that the- signed and sealed the sane as the free and voluntary act an- geed of said municipal corporation, and on oath stated that they were authorized to execute said instrument, ar,d•that the seal affixed is tha seal of said municipal corporatic:.. WI SSS my hind and official seal the day and year in this certificate first above written. Notary Yubiic -in and `:or the •5tztte of Washington ;bis ;14..vsi 7902281035 (REPLACEMENT FOR LOST INSTRUMENT) 1 , a municipal corporation of the State . censi:saratl_an of $213:.00 to it paid. hereby to the Beacon of Light Ccr `' a:iub all in and to the ic11c.4ing dent :Abed King County, 'rlashingtcn, Lo -wits Cy of Seattle; ;, Flats of Xing Ccunty, t4's:,hingtnn. : lying within the 66 foot Right-of-Way, the Westerly lino of said fee; Westerly at right angles, and •_a11.2.1 to the following de::cribcd centeL- lin .: beginning at point on tN 2 ':orthsrly lino of the Southeast 1/4 of the rsuthr_ast 1/4 of Section 3 To..clship 23 North, Fan;. Last. N,M,, a distance of 63.84 feet Westerly from the :'2rt::east corner thereof, thence :uiu;iag Southeasterly .n a straight line to a point on the Easterly line of the said Southeast 1/4 of Coutheast 1 /.. of Section'3, Township 23 North, Range 4 East, N+.M., a distance of 311.19 fret Southerly facet t:... Northeast corner thereof. IY iiITNEESS WHEREOF, the said The City of Seattle has caused thin in :trt meet. to be executed by its Major and City Comptroller .thereunto duly authorized pursuant to the provisions of Ordinance • :o. 81515 and has caused its corporate seal to be hereunto affixed this 29th d;.y of December , 1952. THE CATY OF SEATT- Its Mayor / A 1t3 City Comptroller STATE CF WASHINGTON ) ) SS. COUNTY OF K I N G ) THIS IS TO CERTIFY that on this day of Aria 19 29, before ,me, the ._:'.dersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cw...4/4s oPeyrrt • and , to me personally known to be the Mayor and City Comptroller, respectively, of the City of Seattle, the municipal corporation that, n'r c apro tune, executed the foregoing instrument, and aokno TEUr cd to me that th:, signed and sealed the same as the free and voluntary act and deed of said municipal and cn oath stated that they were authorized to execute raid instrument, a-3 that the seal affixed s the seal of said municipal corporatica. WITNESS may hand and 6217699 E-87.1 EASEMENT TICS INDENTUn:: made this 3:-.h day of Ufa; , la t=7 by and between RAINIER VIEW COM=ITY CLUB a Washinaton corporation, Grantor, and the CITY OF SEATTLE, a municipal cc , :ration of the State of Washington, Grantee, WITNESSETII: That the said Gran :o:•, for and in consideration of the sum of ONE AND NO1' 0THS IS1.QQ1 Doha• -s to it in hand paid by said Grantee, and other valuable considerations, the receipt whereof is hereby acknowledged, does by 'These presents grant, bargain, sell, convey, and confine unto the said Grantee a rigs: of way or easement for *sanitary sewer. with the necessary appurtenances, over, Through, across and upon the following des- cribed proper situate in Ring County, iashington, particularly described as follows: The west 10 feet of Lots 16, 19 and 20, Block 10, Pottery Works Addition to the City of Seattle, according to plat thereof recorded in Volume : of Plats, page 86, records of King County, Washington; ev ' .••.. :' < : ;.F ,'. ..;iir n`rEa• :; ;i' as?ane:• r' It ss. :' t r. :o-i; a8a ,ri .1 and that only such rights in the land above described shall be acquired as shall be necessary for the construction, reconstruction, alteration, operation, maintenance and repair of said sanitary sewer and appurtenances, reserving unto the property owners the right to use said property in any way and for any purpose not in.:onciotant with the rights hereby acquired: provided that the City Shall have the right without prior institution of any suit or proceeding at law, at such times as may be necessary, to enter upon said property for the purposes herein described, with- out incurring ary legal obligation or liability therefor; provided that such work shall be accomplished In such a manner that the private improvements existing in said easement area shall not be disturbed or destroyed,• or in the event that they are disturbed or destroyed they shall be replaced in as good condition as they were immediately before the property was entered upon by the City; and provided that nc building or buildings or other permanent structures shall be constructed or permitted to remain within the bour:aries of said easement without written permission of the City, its successors or assigns. This agreement shall be a covenant running with the land and shall be binding on the Grantor, its heirs, executors, administrators end assigns forever. TNT. R ' IEW COMMUNITY CLUB `TI.Te:OF ) COUNTY OF ) ss. en this -? ••' day of ' ' ' , 191'. , before me personally appeared i% I / :c .c —4 .! -- • s• ?t 111 ' ' ° 1= • t, • to me known to be the"_::. - , .. _ - -. _ .. % w . 'o __ ,.. of the corporation that executed the within and foregoing instrument, and acknowlodge4 the said instrument to be the free and voluvztary act and deed of said corporation, for the noes and purposes therein mentioned, and on oath stated that he was authorited to execute said instrument and that the seal affixed is the corporate seal of said cor- poration. IN WIT:::SS :THEREOF, I have hereunto met my hand and affixed my official seal the day and year first above written. • Li s j Notary Public in and Z'or ttse State of Washington, residing at !, 1' $ .., L.',••-t• AUG 111967 4.;144 j is .i '.i ".'ANN :: ; eff61` F. fry' " .- VoIrIT Z Q ~ W re W 00 CO 0 U) WI J H u_ W O J' W D.a W Z= Z 0'. 2 D. O N. 0 I— W W. • U_ LI O. WZ U ='. O~ Z 6351423 E -189 AGREEMENT THIS AG EE PENT e::tered into this 2" day of / i n-.1 f t S' between the CITY CF SEATTLE, a municiprl core: ration, hereinafter called the "City," and Rainier View Community Club hereinafter called the "Fermittee," pursuant to RC:! 35.67.310 and :rdinance No. 85317 of the City of Seattle, ..,, amended by Ordinance No. 58645 a .'. by Ordinance `!o. 93837. IT :d'SSETH : THAT, WHEREAS, the above named F3rmitee has requested permission from the City to connect the private sewers from the real property hereinafter described, located in King County, Washington, outside the limits of the City of Seattle, to the City Sewer System in 51st Avenue South and WHEREAS, the City Engineer has determined that said City Sewer System has sufficient capacity to serve the private sewer requirements of said property; Now, Therefore, in consideration of the covenants herein contained, IT I5 MUTU.L.L: AGREED between the parties hereto as follows: 1. Upon payment of the prescribed fees and charges therefor, the City Engineer will issue a permit to the Permittee for such private sowers to connect with the existing City Sewer in 51st Avenue South to serve the requirements of the following described real property situated in King County, Washington, to wit: Lots 18 to 20, inclusive, Block 10, Pottery Works Addition, as recorded in Volume 5 of Plats, page 86, Records of King County, Washington, except portion for Cedar River pipe line right :f way, such :rivate sewers and connections to be cons -:acted and maintained in accordance with City plans and specificaticns and under the supervision of the City Engineer, without cost or expense to the City. 2. The connection fee computed in accordance with Ordinance No. 85317 as amended by Ordinance do. 88645 and by Ordinance No. 93E3? shall be as follows: Lateral sewer charge 86.63 "units c: property $ 86.63 frontage" at $ 1.00 por unit Trunk sewer charge 9790 square feet at 2 cants 195.00 per square foot 50% surcharge on the above sum __3141.22 MAY 211968 Total fee per Section 4 of Ordinanre No. 9383? 423.65 Total connection fee j g additional sheets $ 423.65 : , :'. In addition to the above connecti m fee, Permittee ::37.1 be required to pay the permit fees fixed by Ordinance Po. 02583. r, 3. Fer,;ittee agrees to pay to t2.e City, when billed by said City, the monthly N •zr basic sewerage utility charge togethe • with the metro surcharge as fixed by ordinance Co of the City for property located outside the city linits. 4. Such permit shall not authorize other property to be served through such connection, and the owners of other property must execute a similar agreement and obtain a permit from the City Engineer therefor. 5. Fermittee agrees that if the terms and conditions of this agreement to be performed by Permittee are not faithfully kept and performed, the City Engineer may disconnect the private servers serving the property herein described from the City severe:a system, and for that purpose said Permittee hereby authorizes the City ;Engineer to enter upon his premises; and Fernittee further agrees that in such event the pa :n eats previously made for such connections will be forfeited to the City with no credit allowed therefor, if such property is later reconnected to the City sewerage system upon approval of a new application therefor. 6. This agreement is hereby declared to be and shall constitute a covenant running with the above described land binding upon Permittee, its successors and assigns, and upon any parties subsequently acquirin: any ri;ht, title or interest in said property, and when executed shall be filed !:or record in the office of the :.uditor of King County, '.ashington, by the City 7. Thrne copies of this a;,reement.shall be executed by the parties, one copy to be recorded as prescribed in Section 6 hereof and thereafter to be filed in the office of the City Comptroller of the City; the second copy to be delivered to the City 'fi;;ineer for the records of his office; and the third copy to be delivered to Permittee. MAY 211968 2 -+' E -189C INIIITHESS WHEREOF the parties hereto have executed these presents in triplicate the day and year first above written. RAINIER VIEW CCtNUNITY CLUB CMG r•r -< /' /V,. STATE OF WASHINGTON ) ss. County of King ) THE CITY CF SEATTLE C t• Ste" (341p1.4 On this 27/ day of "I /I. 7 , 194 8 , before me personally appeared ROY W. HORSE, to me known to tic the City Engineer of the municipal corpora- tion that executed the within and foregoing instrument, and acknowledged said in- strument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute °aid instrument by Ordinance No. 85317, as amended by Ordinance No. 88645, and by Ordinance No. 93837. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON) )as. County of King Notary Public in and for the State of Washington, residing at Seattle On this a 0'= day of /1.41a, , 19 Ge , before me personally appeared j i < ; to me known to be the f�ri c) ./-�• ?� of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the twee and purpoaea therein mentioned, and each on oath stated that ha Was authoriz- ed to execute said instrument and that the seal affixed is the corporate seal of the said corporation. Itt WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. MAY 211968 .t ry ublic in and far State of Washington, residing at Seattle ■ • CITY OF 1 tIKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 ZONING CODE VARIANCE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Department. Please contact the Department if you feel certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish the level of consistency with development standards. Department staff are available to answer questions about application materials at 206 - 431 -3670. APPLICATION FORMS: n Application Checklist (1 copy), indicating items submitted with application Variance Application Form (8 copies) & fee - $600 ill Complete applications for all other applicable land use permits PLANS (Eight (8) copies of the following]: In Vicinity map showing location of the site. RECEIVED CITY OF TUKWILA APR 1 5 1997 PEFIMii r CENTER ja Surrounding -area map showing existing land uses within a 1000 -foot radius from the site's property lines. • Site plan at V= 30' or 1" = 20', with north arrow, graphic scale, and date; and the license stamp of the architect. The following information must be contained on the plan (details may be included on additional drawing sheets): O Property lines and dimensions, lot size(s), and names of adjacent roads. O Location and setbacks of existing and proposed structure(s) with gross floor area. O Location of driveways, parking, loading, and service areas, with parking calculations. O Location and type of dumpster /recycling area screening. O Location and type of exterior lighting, including parking and pedestrian areas. O Location of any trails, parks, plazas or other outdoor open space; existing and proposed open space easements and dedications (if any). O Location and classification of any watercourses or wetlands, and 200' limit of Shoreline Overlay District. ZCVCKLST.DOC 12/12/96 • O Existing and propose ades at 2' contours for Sensitive Area ind their buffers (TMC 18.44), ' extending at least 5 feet` beyond the site's boundaries with slopes in excess of 20% clearly identified. O Other relevant structures or features such as rockeries and fences. O Location of outdoor storage areas and screening. ,I Landscape/planting plan at the same scale as site plan, with north arrow, graphic scale, and date; and the license stamp of the landscape architect. The following information must be contained on the plan: O Property lines and names of adjacent roads. O Location of the following: proposed structure(s), vehicle and pedestrian circulation areas, dumpster /recycling area, site fumiture, any proposed public outdoor art. O Existing trees over 4" in diameter by size and species, and any trees to be saved. . O Proposed landscaping, including size, species, location and spacing. Ft Building elevations of all building facades at a scale of 1/8 " =1' or 1/4 " =1', with graphic scale and date. Each sheet shall have the license stamp of the architect. Include on the elevations: O Dimensions of all building facades and major architectural elements, with notations of materials to be used. O Location and type of exterior building lighting. O Location of mechanical units and proposed screening where necessary. One (1) high quality 8 1/2" x 11" reduction of each sheet in the plan set. ,3 APPLICANT'S RESPONSE TO DESIGN REVIEW CRITERIA: Written response to the Variance Criteria (8 copies). ❑ OTHER MATERIALS: Other documentation and graphics in support of the proposal may be included as appropriate, such as color renderings, perspective drawings, photographs or models. If other materials are to be considered, eight (8) copies of each must be submitted (except models). Color drawings or photos may be submitted as 8.5 x 11 -inch color photocopies. PUBLIC NOTICE: King County Assessor's map(s) which shows the location of each property within 500 feet of the subject property. Two (2) sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. (Note: Each unit in multiple- family buildings-- e.g..apartments, condos, trailer parks - -must be included.) See Attachment A. ❑ A 4' x 4' public notice board will be required on site within 14 days of the Department determining that a complete application has been received. See Attachment B. ZCVCKLST.DOC 12/12/96 z �Z w oc 2 6 oo CO • w =. Jam, N LL.. wo gQ to =d I- w z� Z o. w Ili O co O — o I: w • uj' Z Uu) z CITY OF'UKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 CONDITIONAL USE PERMIT APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Department. Please contact the Department if you feel certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. Department staff are available to answer questions about application materials at 206 -431 -3670. APPLICATIC APPLICATION FORMS: CSI Application Checklist Azi Application Form (12 copies) a Conditional Use Fee - $850 fel Complete Environmental Checklist and fee ($325) ❑ Design Review application and fee ($900) (if applicable) ❑ Other permits applied for: PLANS (12 copies): pa. Site plan at 1 "= 30' or 1" = 20', with north arrow, graphic scale, and date; and the license stamp of the architect. The following information must be contained on the plan. (details may be included on additional drawing sheets): O Property lines and dimensions, lot size(s), and names of adjacent roads O Location and setbacks of existing and proposed structure(s) with gross floor area O Location of driveways, parking, loading, and service areas, with parking calculations O Location and design of dumpster /recycling area screening and other exterior improvements O Location and type of exterior lighting O Location and classification of any watercourses or wetlands, and 200' limit of Shoreline Overlay District O Existing and proposed grades at 2' contours, with the slope of areas in excess of 20% clearly identified O Location of closest existing fire hydrant; location and size of utility lines; location and size of utilities or street/sidewalk easements or dedications O Description of water and sewer availability from provider of utility (note which utility district or City) O Other relevant structures or features, such as rockeries and fences. O Location of outdoor storage areas and method of screening CUPCKLST.DOC 7/5/96 i V.31141.:1C 2 4.4447kbrit a zSg S:V�',s+Hc'1i iilr``t'17f�°�Y,x9ti6b� dr. `' �' `.;: •' % 't ala k+' aE.S%i4� {tl r -r, ❑ Landscape /planting pia Tt the same scale as site plan, with nc° arrow, graphic scale, and date; _ - and the license stamp of the landscape architect. The following information must be contained on the plan: O Property lines and names of adjacent roads O Location of the following: proposed structure(s), vehicle and pedestrian circulation areas, dumpster /recycling area, site furniture, any proposed public outdoor art O Existing trees over 4" in diameter by size and species, and any trees to be saved O Proposed landscaping, including size, species, location and spacing. • Building elevations of all building facades at a scale of 1/8" = 1' or 1/4" = 1', with graphic scale and date. Include on the elevations: O Dimensions of all building facades and major architectural elements O Materials to be used O Location and type of exterior building lighting O Location of mechanical units and proposed screening where necessary. Ovetl.'ce.l One (1) "PMT" (photomaterial transfer, or photostat) each of the plan set, reduced to 8.5 x 11 inches. ❑ OTHER MATERIALS: Other documentation and graphics in support of the proposal may be included as appropriate, such as color renderings, perspective drawings, photographs or models. If other materials are to be considered, twelve (12) copies of each must be submitted (except models). Color drawings or photos may be submitted as 8.5 x 11 -inch color photocopies. 040 Certificate of Water Availability if the site is served by a water purveyor other than the City. NA ❑ Site percolation data approved by the Seattle -King County Department of Environmental Health if the site is proposed for development using a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor (if other than the City). a Proof that the lots are recognized as separate lots pursuant to the provisions of TMC Title 17 and RCW Ch. 58.17. N, ❑ Any Sensitive Area studies required by TMC 18.45. NQ ❑ A list of existing environmental documents known to the applicant or the City that evaluate any aspect of the proposed project. ,i41 ❑ A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing this application, or that are pending before the City or any other governmental entity. 41171 A storm water design which meets the requirements set forth in the Surface Water Design Manual adopted pursuant to TMC 16.54.060(D). A soils engineering report for the site. Traffic study or studies, if required pursuant to TMC 9.48.070. A44 ❑ PUBLIC NOTICE: King County Assessor's map(s) which shows the location of each property within 500 feet of the subject property. ,g1 Two (2) sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. (Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks- - must be included.) See Attachment A. ❑ A 4' x 4' public notice board will be required on site within 14 days of the Department determining that a complete application has been received. See Attachment B. CUPCKLST.DOC 7/5/96 isk"v: :ice:. .Y ` t' a3li:�� . ;Y�� .: 5itiat'2 fir' ,i6+jei, °4. 4rm: :i .+u 3t ,'A.•. z z. ~w u6n J U. UO U w' W =' —11— N LL, WO ga-J ?. d =w z� �o z~ 2 DI w. WW 1- -. 0. uy Z: OH z 1 File: 35mm Drawing # • PLANT SCHEDULE SYMBOL BOTANICAL /COMMON NAME SIZE $ SPACING SMALL TREE /LARGE SHRUB ThuJa occidental's 'Fastlgiata'/ 6' -1' HT. 3'- 3.5' O.G. Arborvitae • • • • IL I erA 40.111111.1.1101.10 Thu Jo occidental's 'Fastigiate'. LANDSCAPE PLAN 1/2 " = LA ��llilba STATE OF WASHINGTON REGISTERED E • RCHtTECT THO V. OSTOR ' f CE' IC ATE NO. 295 • 0 0 V z THOMAS IlEN6ST1.tOP AND ASSOCIATES FlCII O IN]'IM2A2 ASK. 10U 52� -anl CITY OFENKWIIA MAY 2 3 1997 PERMIT CENTER U S WEST WIRELESS PROJECT SITE INFORMATION RANIER VIEW COMM. CLUB IOgI5 5IST AVE. SOUTH ' TUKWILLA,• WA. • SEA-003 DESIGN TYPE OUTDOOR EQUIPMENT . AN MONOPOLE ANTENNA A SHEET TITLE PLANTING PLAN SHEET NUMBER REV. '. 1111111' I ''I'I111111.11111111111I'11I!, 1111 IIIlrI?ITIII!111'Ii ! I!. I,'I'I'Ihjgfrj?1I[11iIIIIIII.IT1 St PL et at l(,"L;;�OL 6 .�.Y L' 9 5 • P C Z L`pb'E IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111IIIIII11111 111111111111111111 11111111u111111111111111111 !1111111111111111. .111111 PLANTING LEGEND SYMBOI • BOTANICAL /COMMON NAME SIZE 4 SPACING 3 ExIsting trees ThuJa occidental's 'Fastigiate'/ Arborvitae Grataegus Iavallel/ Corriere Hawthorn Glstus hybridus/ I+Ite Rockrose 6' -1' HT. S'- 3.5' O.G. 2" GAL. b.8.� 1 GAL. j' O.G. ST T OF WASH NGTEN REG S FRED ANDSCAPE ARCHITECT THOMAS CERTIF -ar NOS T28 PLANTING 'PLAN 101 0II LANDSCAPE BUFFER SCALE. VVAw LANDSCAPE BUFFER O I O RECEIVED CITY OF TUKWILA OCT 2 8 1997. PERMIT CENTER 0 Y 0 0 a THOMAS RENOSTORF AND ASSOCIATES MNDMAN AllamCTUNI M1N RAMON IMNAN NINON US.WEST WIRELESS PROJECT SITE INFORMATION RANIER VIEW COMM: CLUB 10415 51ST AVE. SOUTH • TUKI^IILLA, WA. • SEA -003 DESIGN TYPE OUTDOOR EQUIPMENT 'AND MONOPOLE ANTENNA A SHEET TITLE PLANTING PLAN • • SHEET NUMBER REV. 1..91 - oo41 1*. ' IIIII' I' I'. t' I' I'. II. II: I' 1�1 'I�I'I'I'I'PTII!I?(tITII�I'1'� I'li �I;hi�j�(�ISTII � lTj'jrjl�'�'jiri CA 91 HIN 91 CI 61 IFS; OI .6 :.N,,. _.S..,. 8'....N.. .► C 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi8111111IIlltlulllllplllllllllllllll (IllllllillRUlnelllidllullod (