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Permit L97-0055 - WESTERN WIRELESS - LEWIS AND CLARK CONDITIONAL USE
L97 -0055 LEWIS & CLARK WESTERN WIRELESS CONDITIONAL USE 15820 Pacific Hwy. So. To: City of Tukwila . John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF DECISION December 12, 1997 • Western Wireless (applicant) • Sterling Realty Organization (owner) King County Assessor, Accounting Division • Parties of record (See Attached) This letter serves as a Notice of Decision and is issued pursuant to TMC 18.104.170 on the following project and permit approvals. At their December 11, 1997 hearing, the Planning Commission approved the applicant's request for a Personal Communications System (PCS) Base Station comprised of a 100 foot monopole, 9 affixed antennae and an adjacent 150 square foot ground equipment area. The Planning Commission approved the applicant's request, with the following conditions: 1. The monopole must be designed to accommodate at least two additional wireless services providers. Attached to this document is the plan that shows the approved site. PROJECT BACKGROUND a. Project file number: L97 -0055 The name of the applicant who is also the current property owner(s): Sterling Realty Organization c. Project Description: Textual description as well as 8.5" x 11" site plans, building elevations and other appropriate characteristics. Application to install a Personal Communication Systems (PCS) Base Station, comprised of a 100 foot monopole with 9 antennae and a 150 sq. ft. ground equipment area locate adjacent to the monopole. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 z .a w mo. UO: • CO CY al • s. w 0: ga.; • 52 a f=0: Z • w :U CI ,O N' wu H V Lk' 0 ui 1, tt, O ~` z December 12, 1997 Notice of Decision L97 -0055 - Western Wireless d. Project location: 15820 Pacific Hwy. S., Tukwila, WA 98168 e. The permits submitted concurrently with this application: None f. Environmental threshold determination (if any): A Mitigated Determination of Non - Significance was issued on November 21, 1997 Property owners affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Administrative appeals for the various permit Types are discussed below. The period for administrative appeals is 14 days, starting from the issuance of this Notice of Decision. The administrative body hearing each appeal is shown below. All appeal materials shall be submitted to the Department of Community Development. Appeal materials shall contain: 1. The name of the appealing party, 2. The address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to received notices on the appealing party's behalf, and 3. A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Project materials including the application, any staff reports, and other studies related to the permit(s) are available for inspection at the Tukwila Dept. of Community Development; 6300 Southcenter Blvd.; Suite 100; Tukwila, WA; from Monday through Friday, between 8:30 AM to 5:00 PM. The project planner is Michael Jenkins, who may be contacted at 206 - 433 -7142 for further information. December 12, 1997 Notice of Decision L97 -0055 - Western Wireless Parties of Record Scott Steiding Western Wireless 3650 - 131st Ave S.E., Suite 400 Bellevue, WA 98006 4 AFFIDAVIT 0 Notice of Public Hearing ONotice of Public Meeting EBoard of Adjustmerkt Agenda Packet OBoard of Appeals Agenda Packet OP1• alining Commission Agenda Packet 0Short Subdivision Agenda Packet fl Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit OF DISTRIBUTION hereby declare that: 0 Determination of Non- significance 0 Mitigated Determination of Nonsignificance 0 Determination of Significance and Scoping Notice ONotice of Action 0Official Notice -6her Other was mailed to each of the following addresses on L A -72.o )21)6).6</) 7 6c oit LUelzP\ [4J Name of Project .0---r.04/-)/1 UJIov File Number'l- 9 0055 Signature z -J 0 .001 0 i (1) (1) W W X ul 0 u_ -±u) w 1. I." 0 Z ur D :0• —: •0 !- ILI u O . • c.) U. 1- — a — Z City of Tukwila John W. Rants, Mayor Department of Community Development STAFF REPORT TO PLANNING COMMISSION PREPARED DECEMBER 11, 1997 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: OWNER: REQUEST: ASSOCIATED PERMITS: LOCATION: DEVELOPMENT AREA: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: SEPA DETERMINATION: STAFF: December 11, 1997 Steve Lancaster, Director On October 2, 1997, Notice Board posted on site. On October 15, 1997 staff mailed Notice of Application to surrounding properties. Notice of Hearing was posted and mailed to surrounding properties on November 25, 1997. Notice of Hearing was mailed to the Seattle Times for publication on November 26, 1997. L97 -0055 - Conditional Use Permit Western Wireless Sterling Realty Organization Conditional Use Permit approval for the installation of a Personal Communication Services (PCS) base station, comprised of nine antennae mounted to a 100 foot monopole, with associated ground mounted operating equipment. Development Permit 15820 Pacific Highway South 525 sq. ft. Regional Commercial(RC) Regional Commercial (RC) Mitigated Determination of Non - Significance (MDNS) Michael Jenkins 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 ' Staff Report to the L97 -0055 Planning Commission Western Wireless /Lewis & Clark Theater ATTACHMENTS: A. Enlarged Site Plan B. Elevations C. Computer - enhanced Photographs with antennae details D. SEPA Determination with conditions 2 Staff Report to the L97 -0055 Planning Commission Western Wireless/Lewis & Clark Theater FINDINGS Vicinity /Site Information Project Description The applicant is requesting Conditional Use Permit approval to install a Personal Communication Services (PCS) base station, comprised of a 100 footmonopole ;supporting anJ I 'array'containing three antenna sectors with three panel antennas in each sector for a total iof nme:antenriae. Each antennae will measure approximately 5 feet in height, 8 inches in width fci ar,,lee-and 3 inches deep. The ground equipment and monopole will be located in a 15 foot by 35 foot fenced area. Ground cabinets will be used for processing signals, to transfer power from utilities to operate radio equipment and for increased capacity. A back -up gas - powered generator will also be provided. The ground equipment cabinets will be approximately 52 inches high, 32 inches in depth and 7 feet 7 inches long. They cabinets will be located on a 150 square foot concrete pad. Attachment A is the site plan for the proposed development and Attachment B is the enlarged site plan and elevations. Existing Development The building site is located in the parking area of the Lewis and Clark Theater. Surrounding Land Uses The site and surrounding area are zoned Regional Commercial (RC). BACKGROUND 0 u•* "1 This, area of the RC. zone also has a Building Height Exceptions overlay, under TMC 18.50.030, allowing: development of up to ten (10) stories: As there is no building code standard to determine the height of a story for monopoles, staff determined that the proposed 100 foot height for the monopole is within the 10 story height limitation based on allowed construction types in the RC zone. CONDITIONAL USE CRITERIA The proposed project must conform with criteria detailed in TMC 18.64.050, (1 -5), concerning Conditional Use Permits: 3 Staff Report to the L97 -0055 Planning Commission Western Wireless /Lewis & Clark Theater (1) The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vlciniry of the proposed use or in the district in which the subject property is located. . Pr The applicant has included computer generated photographs (Attachment C) showing the a ° "V proposed location of the monopole and antennae in relation to the site, as well as view of the P project from surrounding parcels. However, these photos do not include proposed equipment cabinets or surrounding fenced area. The project is adjacent to and partially screened from SR 51.8 by.mature coniferous trees and a large billboard. <.The'applicant has indicated to staff that a 100 foot monopole is required to help complete their •� network for this area, established by previous Conditional Use Permit approvals for this carrier at theCenterplex (L97- 0061), Bonsai Northwest (L97 -0050) and Econolodge (L97 -0045) buildings. The applicant has also indicated that a reduction in the height of the monopole may reduce the ability to provide co- location for other providers and may require additional monopoles in this area brought by Western Wireless and other carriers along SR 518.. The proposed antennae and related equipment are telecommunications equipment that fall within the safety parameters set by the American National Standards Institute (ANSI). All operating equipment will be enclosed by a locked and gated enclosure. .0 fr' r 10.0N (2) The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. As referenced, staff has determined, for the purposes of this application only, that the 100 foot, monopole is within the 10 story maximum pursuant to the building height exception area in TMC 18.50. The project meets the. 10 foot setback requirement for this zone. No other development standards apply to this project. (3) The proposed development shall be compatible generally with the sarroundirrg land uses in terms of traffic and pedestrian circulation, building and site design. As with similar uses, the PCS system will generate trips during the construction period and, following the completion of construction, up to 1 trip per month for maintenance, No impacts to pedestrian or transportation movements are anticipated. The facility is sited at the rear of the parcel away from other development. The proposed project is adjacent to and on an existing parking area and will be partially screened by a existing fauna and an existing billboard. The applicant has proposed enclosing the operating equipment area in a locked enclosure. (4) The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan This project must comply with the following Comprehensive Plan policies and meet Zoning Code regulations. 12.1.34. Actively coordinate project implementation with individual utilities based upon Tukwila's Comprehensive Plan and development regulations. Z • 6 • J U• '00: • v0 w J F- u.: Au u.a _d • =w Z� ZO U• O OU 0 w lu: H --- O' • uiZ U= Oh z • Staff Report to the L97 -0055 Planning Commission Western Wireless /Lewis & Clark Theater The applicant will secure independent telephone and electrical services for the site. 12.1.36. Encourage utilities to consolidate facilities and minimize visual impacts of facilities where technically feasible. Implementation strategies for this policy include the use of shared infrastructure and use of existing structures. No other carrier is currently proposed for the monopole. As indicated in the SEPA determination for the project (Attachment D), the applicant is required to design the, . monopole and supporting infrastructure to accommodate at least one extra telephone provider. To minimize visual impacts associated with this project, the applicant has located the development in a corner of the existing parking area, adjacent to an existing billboard and to existing mature trees. The area surrounding the ground equipment will have a fence. 5) All measures have been taken to minimize fire possible adverse impacts which the proposed use may have on the area in which it is located. The applicant has proposed the location of the monopole at the outside corner of the parking area at an existing commercial use. This location minimizes pedestrian and traffic impacts of the development. The existing vegetative screen and proposed fence equipped with wooden privacy slats will mitigate adverse visual impacts of the project. The project was also reviewed under Geezrl.ry SEPA. (t)(kO' eg CONCLUSIONS The Planning Commission, pursuant to Tukwila Municipal Code (TMC) Section 18.108.040, hereby makes the following findings and conclusions under the city's Conditional Use Permit criteria (TMC 18.64.050) (1) The proposed use will not be materially detrimental to the public welfare... Potentially hazardous operating equipment is inaccessible to the public. The associated technology is within federal safety guidelines. The antennae will be placed in an area away from existing development. Reduced height of the monopole may result in additional monopoles due to lack of co- location opportunity and coverage requirements in SR 518 corridor. The project will be screened by existing vegetation and proposed fencing. (2) The proposed criteria shall meet or exceed the performance standards... The project in within height limitations in the RC zone. There are no other applicable standards for the project. z w ac 2: ,U.0' U O. • w=, J �. CO U.: w0 J wa' Hw Z t- O. • •z F-• np .0 !CO -, w W. co ui • O~ z 1� 1 Staff Report to the L97 -0055 Planning Commission Western Wireless /Lewis & Clark Theater (3) The proposed development shall be compatible generally with the surrounding... Traffic generated during development and operation is minimal. The equipment will be screened from public view. The antennae are located in the corner of an existing parking area and will be substantially screened. Therefore, all conditions have been satisfied. mo' (4) The proposed use shall be in keeping with the goals and policies... t6 v UO The project will have the necessary electrical services for its operation. The applicant will not be ` N w sharing infrastructure with other providers. The monopole must be designed to accommodate an , 1— additional telephone carrier. Visual impacts to surrounding are minimized by locating antennae p. uj on the corner of the property and through natural and artificial screening. D. d. w Z HO z�—; 0 H. uj Lej O .z w co O (5) All measures have been taken to minimize the possible adverse impacts... All operating equipment will be contained in a secured and screened area. The monopole will be situated in a corner location and screened to minimize visual impacts on. RECOMMENDATIONS Staff recommends that the Conditional Use Permit be approved with the following condition: 1. The monopole and surrounding development area for this facility must be designed to' L. support at. least two :additional wireless communication service providers. • e i e � ^� a \ ^ 2 Gt.,$2,31 Cce-w der — TG r rcL— o Pj f loci ,,e.1 /--- ow' I,.,�- q,,t � vo v ►'d e- al? Nero 5 H 6 :ems. 4—E G--� i d-7-( -c-44A `� , ►'t/ CITY OF TUKWILA Department of Community Development Building Division - Permit Center 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 RECEIVED CITY OF TUKWILA NOV 2 5 1997 PERMIT CENTER REVISION SUBMITTAL DATE: ll` 5 ^�� PROJECT NAME: LeLos: 4- PROJECT ADDRESS: CONTACT PERSON: Sco7t- StE t ©I k C-: PHONE: swo " 8P2u PLAN CHECK/PERMIT NUMBER: ..c) o le /1/Veq-C )1 1,A)(%/e REVISION SUMMARY: Pe_1/1 S CO'- off' di/ aLoc:,-35 SHEET NUMBER(S) "Cloud" or highlight all areas of revisions and date revisions. SUBMITTED TO: M tc-h ae ( .- kt4L/15 CITY USE ONLY Planning Fire Public .Works z 1 re w 6 JU 0 o. N 0. W =; -J 1.- U) w0 2 g u. co =d z� z • 0 U �O N .0 f- ill • 0. I- - IL O; Iii Z • =. H 1_, 0 A F F I D A V I T /owl Rmcunctuici-L PFiotice of Public Hearing f Notice of Public Meeting O Board of Adjustment Agenda Packet 0 Board of Appeals Agenda Packet []Planning Commission Agenda Packet fl Short Subdivision Agenda Packet O F D I S T R I B U T I O hereby declare that: Q Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit was mailed to each of the following addresses on Uyea7 d 5 1997 c&-e- +1-1-c1Lc"(- ODetermination of Non - significance 0 Mitigated Determination of Nonsignificance O Determination of Significance and Scoping Notice O Notice of Action rj Official Notice Other Other Name of Project W File Number. )-.9 i - DO S • UO N0; CO u1'. • w I: J�r w • J u- <. _. • :zl 1- O Z III la: o; 0. O N ;w w` z ni o 1' City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOVEMBER 25, 1997 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Western Wireless has filed an application for a Conditional Use Permit, Number L97- 0055, to construct a Personal Communication System (PCS) Base Station, comprised of a 100 foot monopole with up to 12 antennae and a separate pad for operating equipment at the Lewis and Clark Theater, 15820 Pacific Hwy S. You are invited to comment on the project at the public hearing scheduled for December 11, 1997 at 7:00 p.m. before the Planning Commission. The hearing will take place at City Hall in City Council Chambers, 6200 Southcenter Blvd. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact Michael Jenkins at 431 -3685 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Permits applied for include: • Conditional Use Permit Other known required permits include: • Development Permit FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. Application Filed: Notice of Completeness Issued: Notice of Application Issued: September 12, 1997 October 2, 1997 October 13, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 =. ): , z 1,z - mW JU U)o; wi w =.. 'WO.. 2 J. 22 a' w • 1-- o: z F--; tu 2o off' :01 wW 1-U; L- o, Z • ill •0 ~. z A F F I D A V I T D Notice of Public Hearing fl Notice of Public Meeting []Board of Adjustment Agenda Packet []Board of. Appeals Agenda Packet 0 Planning Commission Agenda Packet O Short Subdivision Agenda Packet fl Notice of Application for Shoreline Management Permit DShoreline Management Permit O F D I S T R I B U T I O N hereby declare that: f Determination of Non - significance D Mitigated Determination of Nonsignificance O Determination of Significance and Scoping Notice fl Notice of Action Official Notice ®, Other, Other was mailed to each of the following addresses Name of Projectt1 Q C i1.1'1 Wm OQ o n().,Signatur File Number t _V-1-- h� 3\ on 115 C� z w 0 0' • • ww N w w • _a ' w 1- z� • z . U • �; VLIJ • • uizi • H, Z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED OCTOBER 13, 1997 The following applications have been submitted to the Department of Community Development for review and decision. FILE NUMBERS: L97 -0055 (Conditional Use Permit) E97 -0031 (SEPA) APPLICANT: Western Wireless LOCATION: Lewis and Clark Theaters, 15820 Pacific Hwy. S. PROPOSAL: Installation of a Personal Communication System (PCS) Base Station comprised of 12 antennae mounted onto a 100 foot monopole, to be located in the Northeast corner of the parking lot for Lewis and Clark Theaters OTHER REQUIRED PERMITS: Development Permit These files are available for review 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 October 31, 1997. This matter is also scheduled for a public hearing on December 11, 1997 at 7:00 p.m.. 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 or obtain information on your appeal rights by contacting the Department at 431 -3670. A decision from the Planning Commission may be appealed to the City Council. The Department will provide you with information on appeals if you are interested. DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: NOTICE OF APPLICATION: September 12, 1997 October 2, 1997 October 13, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 :W9,01M 11; 70.5k1 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION October 2, 1997 Scott • Western Wireless 330 - 120th Ave NE, Suite 110 Bellevue, WA 98005 RE: Application for a Conditional Use Permit for a Personal Communication system (PCS) Base Station with a 100 foot monopole - 15820 Pacific Hwy. S. (L97 -0055) Dear Mr. Steiding: Your application, on behalf of your client Western Wireless, for a Conditional Use Permit to develop a Personal Communication System (PCS) Base Station with 100 foot monopole, at 15820 Pacific Hwy S., has been found to be complete on October 2, 1997 for the purposes of meeting state mandated time requirements. The project has been assigned to Michael Jenkins and is tentatively scheduled for a public hearing before the Planning Commission on December 11, 1997 at 7:00 p.m. 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 to post on the board. This notice is also 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 cAmsoffice...letter\9755comp 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 z ::mow 6 5 0 o. • W I J 1' w0 g� u. d 1- w. _. z� O` z Ir.: uj n o: off'': wW iw City of Tukwila Conditional Use Permit "Conditional Use Criteria" TMC 18.24.040 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. The proposed use will not be detrimental to the public welfare. Actually, wireless communications have shown to be very beneficial in times of emergency. All materials used will be of the highest quality available for construction. Due to careful siting and the relative physical size of this installation, it will have very little impact on properties in the vicinity. z • F- w_ ; •o 0; Na • w= J � co u_ According to the Consumer Electronics Manufactures Association (1996) the most important w 0 reasons customers cited for purchasing a wireless phone were as follows: 2 Able to communicate in an emergency 46% g n Be more available away from home or office 28% v P. Protect your personal safety 12% = w Be able to make calls when in a rush 4% =. Other 6% z i- t— Peter D. Hart Research Associates (March 1997) found in their research that 70% of z O: wireless users sad that cost per minute and monthly charges for their service were extremely 2 ?' important points when selecting a wireless service. Western Wireless entry into the Washington 0 0 market will have a positive competitive impact on pricing of wireless services. UO w 0 H' ww I-v O: .z w ---_. 0 ~- z All potentially harmful equipment will be inaccessible to the public. Western Wireless will operate its system, per the license, within all applicable Federal safety standards. 2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. The proposed use will meet all applicable performance standards. The one - hundred foot (100') height is requested pursuant to TMC Section 18.50.030 Special height exception areas, which allows heights up to ten (10) stories. All work will be completed by properly licensed local contractors, who are familiar with local codes and standards. 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site plan. The proposed facility on this commercially zoned property will be compatible with surrounding land uses, would create minimal vehicular traffic, and no additional pedestrian traffic. Access to the site will be achieved using existing roadways such as Pacific Highway South. Minimal traffic would be generated during construction. After construction is complete, there would be approximately one visit per month to the unstaffed facility for routine maintenance. The unstaffed site will not generate any pedestrian traffic. The monopole and antennas will be painted a non - glare color to complement the existing building. The ground mounted radio equipment will be adequately screened. Western Wireless Corporation, SE3511 a Econolodge • 4. The proposed use shall be keeping with the goals and policies of the Comprehensive Land Use Policy Plan. The proposed use is intended to provide wireless communications services for the citizens and businesses of Tukwila. This proposal is harmonious with the Comprehensive Plan's intent to Encourage utilities to consolidate facilities and minimize visual impacts of facilities where technically feasible. Section 12.1.36. As a matter of company policy Western Wireless always seeks to collocate our antenna on existing infrastructure first. That is not possible in this case. However, Western is proposing to build a collocatable structure and we will entertain request from all interested parties. The slender monopole design proposed will minimize the visual impact of the site to the greatest extent possible. 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. Western has taken every step possible to minimize any adverse impacts of the proposed use. The antenna facility is proposed on the northern portion of the Lewis and Clark Theater parking lot. The proposed site is more than nine hundred feet (900') from the nearest residence. The site chosen is surrounded on two of three sides by existing trees approximately thirty feet (30') in height. An opaque fence will be placed immediately around the facility. Additionally, the slender monopole and antenna array will be painted a non -glare color to further minimize any adverse impacts. A list of any permits or decisions applicable to the development process that have been obtained prior to filing this application, or that are pending before the City or any other governmental entity. None known. Western Wireless Corporation, SE3511 a Econolodge .. ^u.1,u:rxre.if:a:,vun:.w.�.. ; ..�.uwo vw� «r: .n:. • (4 :111.13'tiztta;.L'u5it."t+va z • WW 2. •u•:: JU. 0 0; • W I.. *J H' wo ga` • u.¢ = a: 1- _: • •z 11-;. H O' Z 1- .w w' • 0 co o f-. w w. Iii z O. Z • 11 September, 1997 Department of Community Development City of Tukwila Attn: Michael Jenkins 6300 Southcenter Boulevard Tukwila, WA 98188 VIA HAND DELIVERY RE: Conditional Use Permit Application Western Wireless PCS Site, SE- 3024 -B APN: 222304 -9091 15820 Pacific Highway South Dear Mr. Jenkins: Y 7 western® 0 I wireless wo cc _to Please allow this letter to serve as an inventory for the Western Wireless Conditional Use Permit to allow the construction of a Personal Communications Service (PCS) facility to be located at the Lewis and Clark Theater, 15820 Pacific Highway South. Western proposes to install three (3) antenna arrays atop a one - hundred foot (100') monopole. The required radio support equipment will be located at the base of the pole and screened from adjacent views. Greater detail of the proposal may be reviewed in the attached site plan. The location of this site is ideal because it allows digital wireless coverage for the citizens of Tukwila in the immediate area, as well as major thoroughfares; Pacific Highway South and State Road 518. The area consist of commercial uses along the highway, backed by residential properties. Western has gone to great extremes to create a site that has the lowest possible impact on the neighborhood. Views from adjoining land uses would be minimally obstructed, if at all. Below is the information required for submittal of a Conditional Use Permit: 1. Master Application (12 copies) 2. Site Plan and Building Elevations (12 copies) 3. Landscaping Plan - Western Wireless asks for a waiver of this requirement. Western's installation will be placed in an area currently covered with asphalt. The site is bordered on two of three sides by mature vegetation. An opaque fence is also proposed to further screen the site. 4. PMT Reductions (1 copy) 5. Photosimulations (12 copies) 6. Mailing Labels (2 sets) 7. King County Assessor Subject Property Location Maps (1 set) 7. Approval Criteria (12 copies) 8. Applicable Fees • $850 - Conditional Use Permit Fee Western Wireless Corporation 330 120th Avenue NE, #110 Bellevue, WA 98005 FAX (206) 451 -4739 FAX (206) 451 -7987 z re 2 UO ;.moo w w; co wO. gQ I- w' Z Z 2 Di C3, !O NE. ILI la, 1- — Z .0 N O z Should you have any questions or require additional information, do not hesitate to call me at 206.864.0576 or 206.451.8578. Sincerely, Suitt Std Scott R. Steiding Zoning Specialist Western Wireless enclosures 00' LI • 0l 11LL 11. 1i ♦ .. . OWNER AUTHORIZATION AGREEMENT Site Number: 30 2-Li Site Name: j � JI Cv■ Western PCS BTA I Corporation 330 -120"' AVE. NE, Suite #101 Bellevue, WA 98005 Attn: Re: Property described as : 5 - a GtT-1 HIEJ This letter confirms the understanding between S414 wi 1114 OM . ( "Owner") and Western PCS BTA I Corporation ( "Western ") concerning the above p perry. Western is interested in leasing a portion of the Property to construct and operate a comntunicationsacility. Owner is the owner of the Property and has the authority to enter into a lease agreement with Western concerning the portion of the Property that Western seeks to occupy. Owner and Western agree to enter into good faith negotiations to finalize a lease agreement (or similar agreement) pursuant to which Owner would grant Western the right to use a portion of the Property to construct and operate a communications facility. Owner hereby authorizes Western to conduct certain tests to determine the feasibility of locating a communications facility at the Property and hereby grants Western and its agents a revocable right ( the "Access Right") to enter the Property to perform any reasonable tests that Western deems desirable to determine the feasibility of constructing and operating its communications facility upon the Property. Such feasibility testing to include but not be limited to: 1) radio frequency testing 2) soils testing 3) on -site feasibility assessment 4) and filing of zoning applications. Owner may revolm the Access Right at any time by delivering written notice to Western by certified mail, return receipt requested, at the following address: . W. tern PCS ATA, t Corp ration 330 - 120th AVE. NE, Suite #101 Bellevue, WA 98005 Attn: Lease Administrator This notice will be effective three (3) days after actual receipt by Western, provided, however, that Western may still enter the property to remove any equipment it has placed there. Western agrees to repair any damage to the Property to the extent caused by Western's use of the Access Right and hold harmless and indemnify Owner for any cost or expense which may be paid by owner to the extent caused by Western's negligence or willful misconduct in connection with any activity by Western or its agents on the Property pursuant to the Access Right. Z. • • UO. N o, wi_ LLL w o. g J • lL Q: � d z�. 1-a • • ..off`. w w: 1 LL 1.-:° - O. ui co Z; :O1 :z UOrailr.I HCL 11.1J f.tt LUU 401 tool EACH PARTY ACKNOWLEDGES THAT THE OTHER HAS MADE NO REPRESENTATIONS OR COMMITMENTS THAT A LEASE AGREEMENT CONCERNING THE PROPERTY WILL BE ENTERED INTO IN THE FUTURE. SUBJECT TO OWNER'S OBLIGATION TO NOTIFY WESTERN PCS BTA I CORPORATION OF THE REVOCATION OF THE ACCESS RIGHT, EITHER PARTY MAY TERMINATE NEGOTIATIONS AT ANY TIME FOR ANY REASON. Execution of this letter by Owner and Westem confirms the understanding of the parties on these matters. "Owner" Date (Print Nano) t00m /b & ,4»_ til es Address Accepted and Agreed to: Western PCS BTA I Corporation B Title: City /State/Zip fAlir CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 CONDITIONAL USE PERMIT (P -CUP) APPLICATION ojeat F,y s. SEPA °File: 1. PROJECT BACKGROUND A. NAME OF PROJECT / DEVELOPMENT: Lewis & Clark PCS Site (Western Wireless SE 3024B) B. LOCATION OF PROJECT / DEVELOPMENT: STREET ADDRESS: 15820 Pacific Hwy S ASSESSOR PARCEL NUMBER: 222304 9001 LEGAL DESCRIPTION: See Attached Quarter: SW Section: 22 Township: 23N Range: 04E (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: Scott R. Steidinci c/o Western Wireless ADDRESS: 330 - 120th Avenue NE #110, Bellevue, WA 98005 PHONE (206) 864 -0516 ,., A SIGNATURE: v�-Z e DATE: 7////q II. A) PRESENT USE OF PROPERTY: Movie Theater and Bowling Alley B) PROPOSED CONDITIONAL USE REQUESTED (FROM LIST IN YOUR ZONING DISTRICT: TMC Section 18.24.040 #13 Cellular stations and towers. C) DETAILED DESCRIPTION OF PROPOSED USE (FOR EXAMPLE, DESCRIBE THE MANUFACTURING PROCESSES USED, WHOLESALE / RETAIL / WAREHOUSE FUNCTIONS, OUTSIDE STORAGE OF GOODS OR EQUIPMENT OR OTHER INFORMATION WHICH WILL FACILITATE UNDERSTANDING OF THE ACTIVITIES YOU PROPOSED TO DEVELOP ON THIS SITE): Western Wireless proposes to construct an one hundred foot (100') monopole and antenna array for thepurpose of wireless communications. The necessary support equipment will be ground mounted, as can be seen in greater detail on the attached site plan. D) WILL THE CONDITIONAL USE BE IN OPERATION AND /OR A BUILDING 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. " <Atirf3:.' %7vyif::4, :∎'uira tiir.Y`Ot'x','3.a.6212 - `" il.4tere • L::9y_ LEGAL DESCRIPTION Beginning at a point on the Northerly margin of the South half of . the • Southwest quarter of Section 22, Township • 23 North, Range 4 East,. W.M., in King „County, Washington, which .point is 1641.75 .feet Easterly from - the Northwest corner of said South half of, Southwest quarter of Section 22; THENCE: South 499.50 feet; THENCE Westerly parallel to • the. North line of said South . half of the • Southwest quarter •of said Section 22, a distance of 392.5 feet. to the true point of.. beginning; • 'THENCE .continuing Westerly.. parallel to the North line of said •South • half, to the Easterly margin of Old Military • Road; . • THENCE Northerly along said Easterly • margin of the North line of said. South half; THENCE • Easterly 'along soid North line to o 'point which is 392.5 feet *West of :the Northerly prolongation of the . West 'line ., of Tract 119 Sunnydale Gardens Division No. 1, according ..to Plat recorded • in Volume 25.:of Plots,. 50 in • King County, • •Washington THENCE .South .• 0'04 ?20" West to the true - point • of beginning; • • . . • .EXCEPT that portion thereof .lying within Secondary, State • Highway . No. 1 —L as .acquired by Judgement and Decree of Appropriation entered June 21, 1960, in King' County Superior court • Cause No. 545600; .EXCEPT portion .conveyed to ':King C unty :for, County 'Road (Old :Military •Road . 'by: Peed recorded: under. Recording No. ;26_4 359.:.. Situate:. In' •The County of King, State of • .Washington . . ri:a��l�. :... :':i:• .. >..,, ., ...,..i'. ....,. ..,..r,.. .... _ -%/111d,+ x., r> c.+.: td-` a?:: a v��rwiYi :LV�e`aZgyi.,e..- iW-L:, ;}> sui: V.` t13tN: �`' w iut- :rf,:>c:FG.a= e�i'r.'v�.'�xv Western Wireless Corp. Lewis and Clark PCS Site (SE- 3024 -B) f`ret'R i o 't Isk I-- Z. re J0 00' a. 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MLA r WIN W W 160 • a i i 1 1!; dpi i �{ i 1 n • 1111.1 1 111 ill p h I 11 I ii lila" i i 1 c,z • iiigil i 1 1 ,hili ti t i ;1 h ii Hhii 2 1 1 3o0 0000000® ® ®® ®® SITE NOTES li:s%Lai;.Sil -t-,.• ra��tise:!'v ig:a.:1*NNIAt.: Mga:u l ''46.1 50026 'VM '3f1A31138 'L01 aiIf1S '3N 311N3AV H.LOil O££ ssete11MYY7 uIe1seM 11 . • 10 jj 3 r%z, a n 3 CHECKED BY MIF REVISIONS 1aa ID o °u C'\ ■ 8 ca E NUMBER :-3024-E MIS & CLARK 20 PAC= IOW RA. tit 9810E h nn CONSTRUCTION PLAN KEYED NOTES 0 0 v dd i 6 1 i i L i i i v . 1 i R ! i 1 L'o P .t,:s, SYMBOLS & ABBREVIATIONS TELEPHONE W 0 a GROUND WIRE ANTENNA MARK CENTERLINE VERIFY IN FIELD Ez PJ 811 4 z him 'IYA08ddY Wi NO INVON3d30 1H013H & VV1E Z 0 H W J W H V) W 3 1 xn o ID o °u 0 m ca h nn M Zo 0 > J W 1- Z W a W • N Zo a` z W a_ 5 W i; ::rat #k eu5r Diu 1.tmaXAa5 "A` ,' iuVikk. a.p sra a a. Z Z H: CC 2 6 UO W N w0 g Q'. • co D 20 1— W O Z H: U� 0 W W: Z 1- V!. O: Z: W • z