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HomeMy WebLinkAboutPermit L97-0061 - WESTERN WIRELESS / BONSAI PLANTS - CONDITIONAL USEL97-006 1 BONSAI PLANTS WESTERN WIRELESS CONDITIONAL USE 5021 So. 144t1i St. EXPIRED City of Tukwila Department of Community Development PLANNING COMMISSION AGENDA NOVEMBER 13,1997 WORK SESSION 6:00 P.M. PUBLIC HEARING 7:00 P.M. CITY HALL COUNCIL CHAMBERS; 6300 SOUTHCENTER BLVD. John W. Rants, Mayor Steve Lancaster, Director WORK SESSION 6:00 P.M. I. Briefing on the MIC document (will be handed out at the meeting) PLANNING COMMISSION PUBLIC HEARING 7:00 P.M. I. CALL TO ORDER II. ATTENDANCE III. CITIZEN COMMENTS: At this time you are invited to comment on items which are NOT included on the agenda. IV. SWEARING IN OATH V. CASE NUMBER: APPLICANT: DESCRIPTION: LOCATION: L97-0061 Western Wireless Conditional Use Permit approval for the installation of a Personal Communication Services (PCS) base station, comprised of three facade mounted antennae, with accompanying operating equipment. 5021 S. 144th St., Tukwila. BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING VI. CASE NUMBER: APPLICANT: DESCRIPTION: LOCATION: VII. DIRECTOR'S REPORT VIII. ADJOURN L97-0042: Design Review L97-0043: Shoreline Master Permit Opus Northwest Design review and Shoreline Master Plan approval for a 85,337 s.f. multi -tenant warehouse building with office space. 6540 South Glacier St., Tukwila. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 PRO { City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director STAFF REPORT TO PLANNING COMMISSION PREPARED NOVEMBER 13,1997 HEARING DATE: NOTIFICATION: FILE NUMBER APPLICANT: OWNER: REQUEST: ASSOCIATED PERMITS: LOCATION: LOT SIZE: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: SEPA DETERMINATION: STAFF: November 13,1997 On October 23, 1997, Notice Board posted on site. On October 23, 1997 staff mailed Notice of Application to surrounding properties. Notice of Hearing was posted and mailed to surrounding properties on October 29,1997. Notice of Hearing was mailed to the Seattle Times for publication on October 31,1997. L97-0061 - Conditional Use Permit Western Wireless Oliver M. Muth Conditional Use Permit approval for the installation of a Personal Communication Services (PCS) base station, comprised of three antennae, located on the north and east exterior walls of a commercial building on the subject property. Associated operating equipment will be located along the east side of the building. None 5021 S. 144th St. .86 acres Residential Commercial Center(RCC) Residential Commercial Center(RCC) Not Applicable Michael Jenkins 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Staff Report to the Planning Commission ATTACHMENTS: L97-0061 Western Wireless/Bonsai Northwest A. Project information/Cover sheet B. Elevations and details C. Computer -enhanced Photographs with antennae details D. Conditional Use Permit Application 2 .. ,. , .. . Staff Report to the L97-0061 Planning Commission Western Wireless/Bonsai Northwest FINDINGS Vicinity/Site Information Project Description The applicant is requesting Planning Commission approval for a Conditional Use Permit to install a Personal Communication Services (PCS) base station facility for a wireless communication system at the subject property. The proposal, represented on Attachments A and B, includes the installation of operating equipment on a pad adjacent to the east side of the building. This equipment processes telephone signals and transfers power from utilities to operate radio equipment. The array consists of two individual antenna mounted on the north side of the existing building and one antenna mounted on the east side of the existing building. These antennae are represented in Attachments B and C. The two - antenna array on the north side will be bracketed along the north facade of the building. These antennae will rise approximately even with and no higher than the roof top and measure approximately 6 feet in height, 3 inches in width and 6 inches in depth. The antenna on the east facade will be bracketed in the same manner and same location as the other antennae. Existing Development The site is located at 5021 S. 144th St. at the office building known as Bonsai Northwest. Surrounding Land Uses Surrounding land uses consist primarily of single-family residences zoned Low Density Residential (LDR). Access Access to the equipment room will be made through a secured gate. CONDITIONAL USE CRITERIA The proposed project must conform with criteria detailed in Zoning Code section 18.64.050, (1-5), concerning Conditional Use Permits: 3 Staff Report to the L97-0061 Planning Commission Western Wireless/Bonsai Northwest (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 located. Applicant has proposed placing all operating equipment in a locked and gated area on the east side of the building, to limit potential contact with unauthorized individuals. The applicant has proposed placing the antennae on the north and east facades of the existing building, eliminating the need for an additional support structure. The proposed antennae and related equipment are telecommunications equipment that fall within the safety parameters set by the American National Standards Institute (ANSI). (2) The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. Performance standards that would apply to development in this zone, including setback, height restrictions, landscaping or design are not applicable to this proposal, as the antennae's placement on wall does not extend above the existing building. (3) The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. As with similar uses, the PCS system may generate 24 trips per day during construction period and, following completion, 1 trip per month for maintenance. To mitigate the project's impact on the existing building and site, the applicant has proposed that the antennae will be located along the building facades and painted to blend in with their surroundings. All exposed electrical wiring will be located in a covered raceway along the associated facade and painted to match the building. All radio operating equipment will be located at the side of the building on a screened and gated concrete pad. (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 necessary Zoning Code regulations. 12.1.34. Actively coordinate project implementation with individual utilities based upon Tukwila's Comprehensive Plan and development regulations. When completed, the project will use existing electrical services provided to the building. The applicant will extend utilities to service the equipment area. The applicant will secure electrical service to operate the ground equipment and telephone service from U.S. West for operation of an on -site telephone. 4 ,. z 1.—W' 00 j W= J CO L, W 0' L Q d: w zF.. �0 w~ moo. 2W wz 0— F== 0 z Staff Report to the Planning Commission L97-0061 Western Wireless/Bonsai Northwest 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, use of existing structures and installation of telephone switching facilities in buildings compatible with the surrounding area. The applicant is not proposing a facility that will be shared with any other PCS providers, however the antennae is located on an existing building and not a new structure. As previously indicated, the applicant will paint the antennae to blend with the building. All ground equipment will be screened. 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. The applicant has proposed placing the antennae on the facades to avoid blocking any views of surrounding property owners, who would otherwise have their views impaired by rooftop antennae. The antennae array will be painted a color that will help them blend in with the other materials on the facade. Again, applicant also has attempted to screen all ground equipment. 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 on the facade and painted to mitigate aesthetic impacts. (2) The proposed criteria shall meet or exceed the performance standards... The project is within applicable height limitations. There are no other applicable standards for the project. (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 on the facades and painted to blend with the building. z <• Etw U, U0. cn W = J F- N LL w 0 a. Q: �w z �. moo' w~ uj. - ww LL O' uiXt O~ z .h Staff Report to the L97-0061 Planning Commission Western Wireless/Bonsai Northwest (4) The proposed use shall be in keeping with the goals and policies... The project will have the necessary electrical services for its operation. The applicant will not be sharing infrastructure with other providers. Visual impacts to surrounding are minimized by locating antennae on building facade, out of view of neighboring properties to the north. (5) All measures have been taken to minimize the possible adverse impacts... All operating equipment will be contained in a secured and screened area. All antennae will be located on the facade of the building and painted to blend with other materials on the facade. RECOMMENDATIONS Staff recommends that the Conditional Use Permit be approved. `•. AFFIDAVIT OF DISTRIBUTION hereby declare that: Notice of Public Hearing ODetermination of Non - significance [Notice of Public Meeting 0 Mitigated Determination of Nonsignificance Board of Adjustment Agenda ODetermination of Significance Packet and Scoping Notice Board of Appeals Agenda ONotice of Action Packet Q Planning Commission Agenda 0Official Notice Packet 0 Short Subdivision Agenda 0 Other Packet Notice of Application for [lather Shoreline Management Permit Shoreline Management Permit F. was ed to each of the following addresses on pvhitvi4 - --e s Name of Project J "h5 jet V se> Signature File Number li9 coL I 10/3((g Notice is hereby given that the City of Tukwila Board of Architectural Review and Planning Commission will be holding a public hearing on November 13,1997 at 7:00 p.m. located at 6200 Southcenter Blvd, to discuss the following: BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director City of Tukwila z PUBLIC NOTICE z re 2 -1U oo No CO wO g D- CASE NUMBER: L97-0042 - Design Review a. L97-0043 - Shoreline Master Permit 0.2 w' APPLICANT: Opus Northwest z �; REQUEST: Design review and Shoreline Master Plan approval for a 85,337 s.f. z O, multi -tenant warehouse building with office space. w w LOCATION: 6540 South Glacier St., Tukwila n o off' o !— PLANNING COMMISSION PUBLIC HEARING w w` I- U. CASE NUMBER: L97-0061 b'. APPLICANT: Western Wireless iii co, REQUEST: Conditional use permit approval for a Personal Communication System (PCS) base station, comprised of three facade mounted z antennae, with accompanying operating equipment. LOCATION: 5021 S 144, Tukwila (Bonsai NW) Persons wishing to comment on the above cases may do so by written statement or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: October 31,1997, Seattle Times Distribution: Mayor, City Clerk, Property Owners/Applicants, Adjacent Property Owners, File. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • AFFIDAVIT OF DISTRIBUTION 130,..nc-4i. hereby declare that: 'Notice of Public Hearing ODetermination of Non - significance Q Notice of Public Meeting 0Mitigated Determination of Nonsignificance Board of Adjustment Agenda O Determination of Significance Packet and Scoping Notice fl Board of Appeals Agenda O Notice of Action Packet Q Planning Commission Agenda 0Official Notice Packet 0 Short Subdivision Agenda Other Packet Notice of Application for 00ther Shoreline Management Permit Shoreline Management Permit was mailed to each of the following addresses on 6c)i09 I`fT7 UJthtz/7 IN UJb Signature Name of Project ] � g File Number 17 -( 2 reW J U. UO • N W W J H w = d; z Z0 "I' CI O H: W W_: LLO ui Z' H � z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director OCTOBER 29, 1997 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Western Wireless has filed an application for a Conditional Use Permit, Number L97- 0061, to construct a Personal Communication System (PCS) Base Station, comprised of 3 antennae and operating equipment at Bonsai Northwest, 5021 S. 144th St. You are invited to comment on the project at the public hearing scheduled for November 13, 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: • Building 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 29, 1997 October 2, 1997 October 23, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • z z` i 0 0 0 w 0. w; J =' LLB w0 g -J co = w` z�, o z I; ww 2 0 o _ ui I 0 o. ti z H =`. . AFFIDAVIT OF DISTRIBUTION 2.SS.LI.66 , W hA,Vt iereby declare that: Notice of Public Hearing Notice of Public Meeting Board of Adjustment Agenda Packet Board of Appeals Agenda Packet []Planning Commission Agenda Packet 0 Short Subdivision Agenda Packet []Notice of Application for Shoreline Management Permit Shoreline Management Permit Determination of Non - significance Mitigated Determination of Nonsignificance Determination of Significance and Scoping Notice Notice of Action. Official Notice Other was mailed to each of the following addresses on Name of Project Ul). Signatur File Number L5.2f1- eN7 LO t MIONsgrmemen tYlblln l� u6D JU U0 co J w 0' L Q` =d. Z F: I- 0 Z w w U U. ON, 0 I-! w w 1- U! Z'co w :0 z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED OCTOBER 23,1997 The following applications have been submitted to the Department of Community Development for review and decision. FILE NUMBERS: L97-0061 (Conditional Use Permit) APPLICANT: Western Wireless LOCATION: Bonsai Northwest, 5021 S. 144th St. PROPOSAL: Installation of a Personal Communication System (PCS) Base Station, comprised of three antennae, to be located on the north and east facades of the building at the subject address 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 November 6,1997. This matter is also scheduled for a public hearing on November 13, 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 23, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 z Z. 6 J0• 00 CO CI w =, N u w0 u Qco = a. I— w Z� I— O zLU I— .O N' .0 w 0 — 0~ z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION DATED OCTOBER 6,1997 October 7, 1997 Scott R. Steiding, Zoning Specialist Western Wireless 330 120th Avenue NE, Suite 110 Bellevue, WA 98005 RE: Application for Personal Communication System (PCS) Base Station, 5021 S. 144th St. Dear Mr. Steiding, Your application, on behalf of your client Western Wireless, for a Personal Communications System (PCS) Base Station located at 5021 144th. St. has been found to be complete on October 6, 1997 for the purposes of meeting state mandated time requirements. I have been assigned to the project, which is tentatively scheduled for a public hearing before the Planning Commission on November 13, 1997. 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). In addition, 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- 3663.A4FeLeto( ti(�.c�,«,,ci g_rq J (• 3tog Sincerely, 4-fa Arice Strand, Associate Planner. cc: Reviewing City Departments c:\MSOFFICE\WORDOC\WCOMPAPP 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 .r.�•:'v_'.'.; air:;ii���r`vb�k;Li;7r.7�'r.���.j:y e..,. w rt JO' O O: 0: to W` w =` w0 u_.. 9. d. = w; z�', ni O N: o'- wT. uj Z UJ O ~; City of Tukwila Conditional Use Permit "Approval Criteria" 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. The proposed use will not in any way be detrimental to the public welfare. To the contrary, wireless communications have been proven to be a significant resource in times of emergency. The relatively small size of this installation coupled with its co -location upon an existing facility will substantially mitigate its potential visual impact on neighboring properties. All construction activities will comply with OSHA; all constructed facilities will meet or exceed UBC guidelines and City of Tukwila building codes. All potentially dangerous (electric) equipment will be locked within a cabinet inside a fenced enclosure, and thus inaccessible to the public. Western Wireless will operate this facility, per the requirements of its license, within all applicable state and 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 or exceed all applicable performance standards. All construction activities will be completed by properly licensed local contractors, who are familiar with all applicable 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. Located on a commercially zoned parcel, Western's proposed building -mounted facility will be compatible with surrounding land uses in that: a) any vehicular traffic created will be minimal; b) it will not create any additional pedestrian traffic; and c) it will not adversely impact architectural and structural elements already present at this site. Access to the site will be via an existing roadway: South 144`h St. Minimal, short-term traffic will be generated by Westem's construction and installation activities. Once construction is complete, there will be one scheduled visit per month to the unstaffed facility for routine maintenance. The unstaffed site will not generate any pedestrian traffic. All antennas will be painted to match the existing building. Associated radio equipment will be concealed behind an existing wood slat fence on a new concrete pad. 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, businesses and travelers within the City of Tukwila. Western proposes to accomplish this by locating and camouflaging their antennae on an existing structure. This proposal complies with the Comprehensive Plan's goal of encouraging utilities to consolidate facilities and minimize visual impacts of facilities where technically feasible ( iggEtR.1.36). err? OF TUKwILA sEP 2 9 1997 PERMIT CENTER Western Wireless Corporation Conditional Use Permit SE3510-A Bonsai Plants 1 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 numerous steps to minimize this facility's potential adverse impacts. This proposal will result in a wireless transceiver with the least possible impact on surrounding properties. Three panel antennae will be flush -mounted on an existing building. Associated radio equipment will be located behind an existing wood slat fence on a new pad next to the building, and will not be visible from neighboring properties. The resulting facility will have little or no net visual or land use impacts on surrounding properties. Bonsai Plants is the only technically feasible collocation alternative in this area: a different site would require the installation of a new antenna support structure and attendant infrastructure. 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 Conditional Use Permit SE3S/0-A Bonsai Plants 2 . e :Uo: co CI; COW; LLI J I—: 'CD u.i w o` g • a- . = a. F—W:. _'. I- a: zILI . '2 a U N. 001 %W W: ti l Z Uco 26 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, SE3010-A APN: 004000 0535 Bonsai Plants 5021 S. 144'h St. Tukwila, WA 98168 Dear Mr. Jenkins, Y western® 1 1 wireless CITY OF TUKWILA SEP 2 9 1997 PERMIT CENTER Please accept this letter as an introduction to Western Wireless's (hereafter, "Western") Conditional Use Permit application for the attachment of Personal Communications Service (PCS) antennae and associated equipment to an existing, 45'-tall commercial building located on property zoned RC - Regional Commercial at 5021 S. 144th St., Tukwila, WA 98178. Western proposes to mount three panel antennas on the exterior walls of a commercial building; the antennae and cable runs will be flush -mounted and painted to match. Associated radio support equipment will be located outside on a 10'x8', at -grade concrete pad adjacent to this building. More detail is provided in the accompanying site plan. The location of this site is ideal because it allows digital wireless coverage for the citizens and businesses of Tukwila, as well as travelers along the 1-5 corridor. Current land uses in the vicinity include a variety of commercial and retail enterprises, transportation thoroughfares and, at a significant distance from the site, residential properties. Western has been diligent in selecting a site that will have the least possible impact on the surrounding neighborhoods. Views from adjoining properties will not be substantially impacted, 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 is requesting a waiver of this requirement: All ground - mounted equipment will be entirely concealed behind an existing wood slat fence, and thus will not be visible off -site. 4. PMT Reductions (1 copy) 5. Mailing Labels (2 sets) 6. King County Assessor Subject Property Location Maps (1 set) 7. Approval Criteria (12 copies) 8. Applicable Fees $850 - Conditional Use Permit Fee 1 Western Wireless Corporation 330 120th Avenue NE, #110 Bellevue, WA 98005 FAX (206) 451-4739 FAX (206) 451-7987 ,�.: Should you have any questions or require additional information, please do not hesitate to call me at 206.864.0576 or 206.451.8578. Thank you for your time and consideration. Sincerely, Sistt-R, sissokwyn Scott R. Steiding Zoning Specialist Western Wireless enclosures (8) cc:; File 2 OWNER AUTHORIZATION AGREEMENT Site Number: Sib '-3d / Site Name: Sy c/ Si f it/ RECEIVED CIN OF TUKWIIA Z Western PCS BTA I Corporation,Ep 2 9 1997 w 330 -120`b AVE. NE, Suite #101 a6a D Bellevue, WA 98005 PERMIT CENTER J 0 UO N0 Attn: w = J H Re: Property described as : 32-0 / R /T v l 2 This letter confirms the understanding between h,-it/A4-71.,("Owner") and N < Western PCS BTA I Corporation ("Western") concerning the above property. .= a, III I—=. Western is interested in leasing a portion of the Property to construct and operate a 0 communications facility. Owner is the owner of the Property and has the authority to enter into a w I - lease agreement with Western concerning the portion of the Property that Western seeks to 2 D. occupy. Owner and Western agree to enter into good faith negotiations to finalize a lease v �: agreement (or similar agreement) pursuant to which Owner would grant Western the right to use o 1-- a portion of the Property to construct and operate a communications facility. w w 1- V Owner hereby authorizes Western to conduct certain tests to determine the feasibility of locating p a communications facility at the Property and hereby grants Western and its agents a revocable ti.i N right (the "Access Right") to enter the Property to perform any reasonable tests that Western v deems desirable to determine the feasibility of constructing and operating its communications 0 ~ 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 revoke the Access Right at any time by delivering written notice to Western by certified mail, return receipt requested, at the following address: Western PCS BTA I Corporation 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. ;- ,", �+' 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 Western confirms the understanding of the parties on these matters. S'OZ/ s lYYA .l'i( Address Accepted and Agreed to: Western PCS BTA I Corporation By: 1 Title: u f(204 Date ?AA (Title) 9dyce City/State/Zip J CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 CONDITIONAL USE PERMIT (P-CUP) APPLICATION 1. PROJECT BACKGROUND A. NAME OF PROJECT / DEVELOPMENT: Bonsai Plants PCS Site / Western Wireless, 5021 S. 144th St., Tukwila. WA. B. LOCATION OF PROJECT / DEVELOPMENT: STREET ADDRESS: 5021 S. 144th St., Tukwila, WA 98168 . ASSESSOR PARCEL NUMBER: 004000 0535 . LEGAL DESCRIPTION: The east half of Lot 8, Block 4, Adams Home Tracts, according to the plat thereof recorded in Volume II of Plats, Page 31, in Kinq County, Washington, except the north 10 feet of the east 125 feet of said lot conveyed to King County for road by deed recorded under Recording No. 6111213, Situate in the County of Kinq, State of Washington . Quarter: NE Section: 22 Township: 23N Range: 4E (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. Steidinq, Zoning Specialist . ADDRESS: 330 120th Ave. N.E., Suite 110, Belleview, WA 98005 . PHONE: 425.451.8578 . FAX: 425.451.4739 . SIGNATURE: ..6.8C . Si. c LLJ S DATE:. 9 - 2(0- 'Q z H• z rew QQ2 JU 0 0. N 0 - F�- WO U.Q CO 0. _ a. Z� F— 0: z F—' moo. w ww H us, O • Z. 0 z Al PRESENT USE OF PROPERTY: Subject property currently is used as a commercial facility for the cultivation and sale of ornamental trees and shrubs PI PROPOSED CONDITIONAL USE REQUESTED (FROM LIST IN YOUR ZONING DISTRICT): To place three panel antennas and their associated electronic equipment on an existing commercial building 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): Provide digital PCS via an unstaffed transceiver consisting of camouflaged, building -mounted antennas on an existing commercial structure. Associated BTS units will be located on a new concrete pad adjacent to the building. Concealed behind an wood slat existing fence, none of the ground - mounted equipment will be visible from neighboring properties 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. + mm Drawing# NORTH ELEVATION SCAM EAST ELEVATION ROOM SOUTH ELEVATION HEST ELEVATION Vi SCAM sir . ro' 4 MO.11T.0 MOONIER IT O.T, 'A 1nG1b!R.! MINIM MIORMe -TOPTOOILOOT MOO OP MEMOS NOM }! .AMOO(aKp. O M IMMO MOM Mf NOM I.OTOILMO Of OHM OR Me 1-6aIL144TMST• BONSAI PLANTS I,Rwow srt mom • 14.014A11 0049 PDX. 11190 EXTERIOR ELEVATIONS sort wet A-2 • • • • • • •I • • • • • • • ONSAI.P •NORTH HLEUATI •site #SE-3010- Y 1 western' l 1 lwireless r.�; r^:rz.�+ .,,;;st:'I.:... •6`" .• a'. �; s-x r 3C"+r.:: k'iLS''y`.i" eii a-:xIFdA,M..is!t.'_"e.`�',<�.iF - •CL'' _"a.�i�+�"•r'.=,a»±*�i_r',�,�.a.zsvc rs++.:a:r.'.^�•:a�'�x�'sSJ,�i- :� NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. yC 13 rf:•.:'r�:f:::'S'L:31..+r."�....'.is�":'�L':�F :I+�L� �"::?�'.=!%ds:c':r�-.`+:;zt;::"- : �s t7Xj7.b.."�nG';a:.'�".`-t�!s�irlx�.�L'fa..?e+3�t�: EXISTING .•.., ..• '., .....• BONSAI 13- • FAST H;Lh',VATIO� • site #SK-3010-A PROPOSED NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. PARCEL • 00400001.76 r ti 1011, I YR RAM n PP ten..AriPI pa to<YML <err AU. O.eMPn 2 WAVY Alt •4040414 LW MOM TO 4CCY4G• OP oTNA.WAWA. SOUTH 144TH STREET -- .ROF6.TTAeOFSCF rVT.fT I.e 6.OY .P I .I SITE PLAN SCALE. r • 70. n t ". A p ...O. M.N. o. Ch"TOR fa— x,.a m[avt 4-4 le6T6. Te7etmre ® aN.1PteeSHSKe ABBREVIATIONS d SYMBOLS VICINITY MAP MTS. LEEOLLOCREIGNI MWi 4 room roe Tc.00T3.KC6036 10 Pt MATDORM 70 Di VOL.! ADr PLAT. ANY OM KAO TOT MEAT of MOM CART 0 TK MST d.66T0 S.DTT CPMfm tours tom rot xxx Er MD.VPLm MOT 4.04044,0 SOYATP. 4.4 "Um CA COT STAROP 5•.i7O. LEGAL DESCRIPTION WNW 44. MY RLTS WO !0000LRW SMUT SCARLL ( TOO RM. MO4OS+r0 OM 445.15 COOK,. S1Mm CAC. PROJECT TEAM 1 1 wstern wireiess SITE NAME 1-5 & S. 144TH ST. BONSAI PLANTS SITE NUMBER SE-3010-A =rat =RIM DOOM PLANTS St OCT,. `JR.GQ=' sDr s tuntSr. tt(AOILF t6.6 AMMA. TOmem !roost AVE,. .Poo eeTL.t)•46.6Tat roma T4-4020 0070.. 00777 t WOKT. SUM R sm.< WO Nu wc.wM S7ATI1.(.14. N.6 AION44, ncnnvcARls A.oso•A•T••• NMI MN MOEN OW MEM ID WV ZAMA Ma CI CNA WILIVI BOO Al OWL WS& AwA 0P P •EMCLUI . to. 06•KR5 MW]WS» .f 80•f KtSs Ott OF1. A MLA 04Lne 2211MILIMInak L .MATS Cvale.6.a Or v+6m O C 6WAPCLRD ! 56w666PKMyx PROJECT INFORMATION Slit T4 YR 4LATT60441AC 3rC3la.O0 ROM RAN TART., n6Vr.o6 SHEET INDEX WRO.D YR AVYT6l' 1,04411 a MOON PRlttl M.Wit. LOOM. WMNd APPROVALS NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. WESTERN WIRELESS WOO s7TST AVE SE 0400 N11EVIE WAINNTON NON FAX WO moo l 56.r Tld.rt 5+.64vG yet &Tait SO ]60CTT MYDL].UY7 M OWOOO n 0,4214LD APO TS Sae P.4l.T O•MP.eR rtn-f.Qt7D SaarP6.6e Or Ft OWN .tD m WW1,. CPR0.4144MOM CA Try CA* PAU. 040044144 COTTA.m. R n ramcctr .OM%Rw.ri6.O lt. POOR 1M AWE 1-6&S.144THST. BONSAI PLANTS IOM r.WR IOR0 9 S021 SOUTH 144TH STREET TUTJALA• •K bND MSG. •r0 IYQT MIL 1 SITE PLAN GENERAL INFO IY@r Kn. T-1 IROT scwo r • r rJ pR. I. I{M6♦ 6M61M61L b1e6n*a . Munro 101YNE RMIY Ml PwE16 a. 0666 TOR=Y066! McNAN olOm1 6o0611.6YIMMO>N6dO l!3 rz x z 1 IX t6n1611M66lM MAOM, pI IN Nn6DmM M NM 1OMNMI. 0MOM I X MAX m N6 MORD 6 bto mil 066aa ar .TO .mil) COMM MO 16f2 Fr, 4x i 1 (MINX 6'�0' I7.1 11 �" t 0 PON -----------—---————------————-------... - x \ X X ) 1 6,.6AQ 1016M{ TM. PROMO Ulan. MLOla6Y n. YWart' FPO O nose xr y'n1041! 113112. a612 u O \ O Mona MR,M. ra.uxl Nix KM* 6xs6• n.lmo Nuo1 0]000111ll a x x x x x x x x x 44 8 Z® ROOF PLAN • NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. iota ur.r4't riY7a1 INM1aLSl� iSsp tff NIB. SAL 140D 1111.ISNLSStuv SAS //04//n amnia, woo rTfl., axon MI Wm=6(Onb1b.O6! Yl! Mat My0 no 0.l. 66 MX:Wa MILT AM! Mla/i 0.110I111. mamma Ql 016Mane MUM !6H1614=war■66 Mao= UMW ! 16t611111166x 0 ! O!t I-4 IL 144TH arr. BONSAI PLANTS I YRM sae Mx6LN 9031 SCUM I441N sneer VOILA. HA. MN* MG. SWMO SIR ,na ENLARGED SITE PLAN fl1M A-1 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director February 10, 1999 Western Wireless 3650 - 131 st Ave SE, #400 Bellevue, WA 98006 ATTN: Zoning / Land Use Administrator Re: L97-0061 (Conditional Use Permit), 5021 S. 144th Street To whom it may concern: mow. Oco Nw. w.o u.<. -a w; z�' The referenced project received approval by the City of Tukwila Planning z o Commission on November 13, 1997 to install a Personal Communication System .w w (PCS) base station. Under Tukwila Municipal Code (TMC) 18.64.060, the n D. Conditional Use Permit (CUP) automatically expires "one year after a Notice of `oo Decision approving the permit is issued unless a building permit conforming to `w w plans for which the CUP was granted in obtained within that period of time. The � Pi Notice of Decision was issued on November 14, 1997 and, accordingly, the CUP w z has expired. c o I-. If you would like to apply for another Conditional Use Permit application on this z project, please feel free to contact me at (206) 431-3685. Sincerely, Michael Jenkins Associate Planner 6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431-3665 . . AFFIDAVIT 1,lcul,v(--ge„rAtA6,..k. Notice of Public Hearing Notice of Public Meeting 0 Board of Adjustment Agenda Packet Board of Appeals Agenda Packet 0 Planning Commission Agenda Packet O Short Subdivision Agenda Packet Notice of Application for Shoreline Management Permit 0Shoreline Management Permit OF DISTRIBUTION hereby declare that: Determination of Non - significance Mitigated Determination of Nonsignificance Determination of Significance and Scoping Notice Notice of Action Official Notice her I\t")t'l e e, 6%1 Other was mailed to each of the following addresses on v)-�') u-P-4 1 .)�� � Name of Project /).r l /L/2I2J4Signature File Number, 1-• 9 -7- 006 :; To: • • City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF DECISION November 14,1997 Western Wireless (applicant) Oliver Muth (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 November 13, 1997 hearing, the Planning Commission approved applicant's request for a Conditional Use Permit for the installation of a Personal Communication Services (PCS) base station, comprised of three antennae located on the north and east exterior walls of the existing building on the subject property. Associated operating equipment will be located along the east side of the building. Attached to this document is the plan approved by the Planning Commission. PROJECT BACKGROUND a Project file number: L97-00.61 b The name of the applicant who is also the current property owner(s): Oliver Muth c. Project Description: Installation of a Personal Communication Services (PCS) base station, comprised of three antennae, located on the north and east exterior walls of the building on the subject property. Associated operating equipment will be located along the east side of the building. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 . , November 14, 1997 Notice of Decision L97-0061 - Western Wireless 5021 S. 144th St. d. Project location: Bonsai Northwest, 5021 S. 144th, Tukwila, WA 98168 e. The permits submitted concurrently with this application: None f Environmental threshold determination (if any): No SEPA required Property owners affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. h. 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. .. .....!" •Z • •n�W,_ J0 •0 0; • N 0.• 'CO W` • W ='. : mil 0 = d. z�: z w W,. o' • W', H V. • ui z -- o� .z + November 14, 1997 Notice of Decision L97-0061 - Western Wireless 5021 S. 144th St. . Parties of Record Scott Steiding Western Wireless 3650 - 131st Ave S.E., Suite 400 Bellevue, WA 98006 File: LT7 35mm Drawing# A COMPARISON OF DEVELOPMENT STANDARDS FOR CELLULAR/WIRELESS FACILITIES, BY JURISDICTION CITY RESIDENTIAL ZONES Rooftop antennae height Monopoles/antennae Operating equipment Design Review Development Permit Public Hearing Edmonds Redmond Lynnwood SeaTac Tukwila 4-15 feet Up to 75 feet in HDR only Concealed/undergrounded Exempt, painted to match structure Yes No 15 foot maximum Zone height limit Screened by fencing[vegetation No requirement Yes . Yes, unless collocation on existing monopole No standard Demonstrated need Screened/landscaped ' ' No requirement Yes Within 300 feet of residential zone, not designed within structure 24 feet 60 feet/80 feet with collocation Screened/Fenced/Landscaped No requirement,'painted to match structure Yes Yes Zone height limit Zone height limit Addressed in CUP . If within 300 feet of residential zone Mechanical/structural only Yes CITY COMMERCIAUINDUSTRIAL ZONES • ' Rooftop antennae height Monopoles/antennae Operating equipment Design Review Development Permit Public Hearing Edmonds Redmond Lynnwood SeaTac Tukwila 4-15 feet Up to 165 feet Concealed/undergrounded Required for Monopoles Yes If taller than 150 feet 15 foot maximum Zone height limit Screened by fencing/vegetation No requirement Yes Yes, unless,collocation on existing monopole No standard Demonstrated need Screened/landscaped No requirement Yes Within 300 feet of residential zone, not designed within structure 24 feet 80 feet/100 feet with collocation Screened/Fenced/Landscaped No requirement, painted to match structure Yes No Zone height limit Zone height limit Addressed in CUP . If within 300 feet of residential zone Mechanical/structural only Yes '• •