Hearings Officer Packet - 03/25/1996•
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PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired
hearing and should be scheduled for Planning Commission meetings
by noon on the Monday prior to the meeting. Please call (503) 639-
4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications
Devices for the Deaf). Upon request, the City will also endeavor to
arrange for the following services:
? Qualified sign language interpreters for persons
with speech or hearing impairments, and
? Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of
your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at
the same phone numbers as listed above.
(OVER FOR MEETING AGENDA ITEM(S)
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A
CITY OF TIGARD
OREGON
TIGARD HEARING'S OFFICER PAGE I OF 2
3/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst
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1. CALL TO ORDER
2. PUBLIC HEARING
11
CITY OF TIGARD
HEARINGS OFFICER
MARCH 25, 1996 - 7:00 P.M.
AGENDA
2.1 WESTERN PCS CORPORATION MONOPOLE
CONDITIONAL USE PERMIT (CUP) 96-0001
A request for Conditional Use Permit approval to develop a cellular
communications monopole. LOCATION: 14020 SW 72nd Avenue (WCTM 2S1
01 DD, Tax Lot 800). COMPREHENSIVE PLAN DESIGNATION: Light Industrial (I-L)
ZONING DESIGNATION: Light Industrial (I-L). APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.70, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130 and 18.164.
3. OTHER BUSINESS
4. ADJOURNMENT
TIGARD HEARING'S OFFICER PAGE 2 OF 2
3/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst
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COMMUNITY NEWSPAPERS, INC.
R E C E I V E LP,.0. BOX 370 PHONE (503) 684-0360
BEAVERTON, OREGON 97075
AR 1 q 199E Legal Notice Advertising
.iygp?JIGABD •
•City of (T
13125 SW Hall Blvd.
•Tigard,Oregon 97223-8199 '
*Accounts Payable-Terry '
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )Ss
COUNTY OF WASHINGTON, a.
? Tearsheet Notice
Legal
Notice TT 8 4 2 3
? Duulicate Affidavit
Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTt gard-Tun I ati n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
CUP 96-0001 Western PCS Corp
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
March 14 1996
The following will be considered by the Tigard Hearings Officer on
Monda March 25 1996, at 7 P.M., at Tigard Civic Center - Town Hall,
, a v ., igard, Oregon. Both public oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter accompanied by statements or evidence
sufficient to allow the hearings authority and all parties to respond
precludes an appeal, and failure to specify the criterion from the
Community Development Code or Comprehensive Plan at which a
comment is directed precludes an appeal based on that criterion. Further
information may be obtained from the Planning Division at 13125 S.W.
Hall Blvd., Tigard, Oregon 97223, or by calling (503) 639-4171.
PUBLIC HEARING
CONDITIONAL USE PERMIT (CUP) 96-0001
WESTERN PCS CORPORATION MONOPOLE
A request for Conditional Use Permit approval to construct an unmanned
cellular communications tower. LOCATION: 14020 S.W. 72nd Avenue
(WCTM 2S I O1DD, Tax Lot 800). ZONE: Light Industrial (I-L).
APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.70, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130 and
18.164.
14th day of march,lS
Subscribed and sworn to b ore me this
66i
Notary P is for Oregon
My Commission Expires:
AFFIDAVIT
TTM23 -Publish March 14, 1996.
CITY OF TIGARD
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
MARCH 25, 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: CONDITIONAL USE PERMIT (CUP) 96-0001
FILE TITLE: WESTERN PCS CORPORATION MONOPOLE
APPLICANT: Western PCS Corporation OWNER: Irwin Schimmel
7535B NE Ambassador 14020 SW 72nd Avenue
Portland, OR 97201 Tigard, OR 97224
(503) 284-8714 (503) 620-1235
REQUEST ? The applicant requests Conditional Use Permit approval
to construct an unmanned cellular communications tower.
LOCATION: 14020 SW 72nd Avenue (WCTM 2S1 01 DD, Tax Lot 800).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.70, 18.100, 18.102, 18.106, 18.108,
18.114, 18.130 and 18.164.
ZONE: Light Industrial (I-L).
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE
TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER
18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-
2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE
HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
CUP 96-0001 WESTERN PCS CORPORATION MONOPOLE NOTICE OF 3125/96 HEARINGS OFFICER PUBLIC HEARING
MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER MARCH 4.
1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO
CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE
RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST
PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION
MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION
AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE, OR THE CURRENT
RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE
HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY
CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR
COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
CUP 96-0001 WESTERN PCS CORPORATION MONOPOLE NOTICE OF 3/25/96 HEARINGS OFFICER PUBLIC HEARING
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CITY OF TIGARD HEARING'S OFFICER
SIGN-IN SHEET
(CITY OF TIGARD
OREGON
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR
NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...Wjmse PRINT L.egihly)
AGENDA ITEM #: 2.1 1 1 DATE OF HEARING: 3/25/96 Page J of 2
FILE NAME(S): WESTERN PCS CORPORATION MONOPOLE
CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 95-0001
OWNER(S)/APPLICANT(S): WESTERN PCS CORPARWIN SCHIMMEL
LOCATION: 14020 SW 72ND AVENUE
MAP(S) & TAX LOT(S) NO(S). W2S101DD, TAX LOT 800
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
PROPONENT (For the proposal) OPPONENT (Against the proposal)
------- ---------
(PRINT NAME/ADDRESS/ZIP E AFFILIATION) (PRINT NAME/ADDRESS/ZIP S AFFILIATION)
Name: DOUG-i_n `5 E-0 Name:
Address?7 3 l3 I L iftvv\. (J2-?f dov- Address:
Citv 1?/f dtw(1 State: 00 ZjnGl7 City; State• Zip:
Name: Name:
Address: Address:
Address: Address:
Name: Name:
Address: Address:
h:\1ogin\p atty\signinho.mst
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CITY OF TIGARD HEARING'S tFFICER
SIGN-IN SHEET
(CITY 21?L
OF TIGARD
OREGON
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR
NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(P_Iease PRINT LwMy)
AGENDA ITEM #: 2.1 1 1 DATE OF HEARING: 3/25/96 ]] Page 2 of 2
FILE NAME(S): WESTERN PCS CORPORATION MONOPOLE
CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 95-0001
OWNER(S)/APPLICANT(S): _] [WWSTERN PCS CORP./IR.WIN SCHIMMEL
LOCATION: 14020 SW 72ND AVENUE
MAP(S) & TAX LOT(S) NO(S). WCTM 2S1 01DD, TAX LOT 800
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(PRIM NAMF/ADDRFSS/ZIP S AFFILIATION)
(PRINT NAME/ADDRESS/ZIP S AFFILIATION)
Name: Name:
Address: Address:
Address: Address:
Address: Address:
Name: Name:
Address: Address:
h:\login\p atty\si gnin h o.mst
?7_
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BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Concerns an application by Western PCS Corporation for a ) FINAL ORDER
conditional use permit to develop a 100-foot cellular )
communications monopole. ) CUP 96-0001
(Western PCS Corp.)
1. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit to develop a cellular
communications monopole to improve cellular phone service along the 1-5 and 217
Highway corridors.
Hearings Officer Deniece Won held a duly noticed public hearing regarding the application
on March 25, 1996. City staff recommended conditional approval of the permit. The
applicant generally accepted the staff report and recommendation but recommended an
alternate screening plan. The screening plan he proposed includes a slatted fence on three
sides and landscaping on the 1-5 side of the site to meet the City's 15% landscaping
requirements.
LOCATION: A five hundred twenty-five (525) square foot portion of the Power Rents site
located off SW 72nd Avenue north of Landmark Lane; WCTM 2S 1 1 DD, Tax Lot 800.
COMPREHENSIVE PLAN AND ZONING DESIGNATION: I-L (Light Industrial).
APPLICANT: Western PCS Corporation.
OWNER: Irwin Schimmel.
APPLICABLE LAW: Community Development Code Chapters 18.70, 18.100, 18.98,
18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. Comprehensive Plan Policies
2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, 8.1.3 and 12.4.
STAFF RECOMMENDATION: Conditionally approve.
HEARINGS OFFICER DECISION: Conditionally approve.
Page 1 - Hearings Officer decision
CUP 96-0001 (Western PCS Corp.)
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II. HEARING
A. Hearing.
Hearings Officer Deniece Won received testimony at the public hearing about this
application on March 25, 1996. A record of that testimony is included herein as Exhibit A
(Parties of Record), and Exhibit B (Taped Proceedings). These exhibits are filed at the
Tigard City Hall.
B. Summary of oral testimony.
1. City Planner Mark Roberts testified for the City. He summarized the staff report
and recommendation. City staff recommended conditional approval of the permit.
2. Mike Berndorf testified for the applicant. The applicant generally supported the
staff report and recommendations but suggested an alternate screening plan. He proposed
that the screening include a slatted chain-link fence on all but the freeway side of the site
and landscaping on the freeway side of the site. On the 1-5 freeway side of the site he
stated the applicant would meet the City of Tigard's minimum 15 percent landscaping
requirements.
plan.
3. Mark Roberts stated that City staff supported the alternate proposed screening
III. FINDINGS
The Hearings Officer adopts and incorporates herein the Tigard Community
Development Staff Report dated March 14, 1996 (the "Staff Report"), including the
summary, findings about the site and surroundings, applicable approval standards, agency
comments, and evaluation of the request, except to the extent expressly modified.
IV. FINDINGS ABOUT SITE AND SURROUNDINGS
A. The Site Plan
1. The site consists of approximately 8 acres occupied by Power Rents. The
property is bordered by commercial and light industrial uses on all sides. The Interstate-5
freeway is located directly east of the subject property. The proposed facility will be
located on the northern edge of the property and will be accessible by an existing paved
driveway. Approximately 525 square feet of the Power Rents site will be leased for the
proposed use.
2. The lease area will include a one-hundred foot monopole outfitted at the top
with a three-sector antenna array. Each sector contains three antenna panels. Each
antenna panel measures approximately four feet long and six inches wide. The antenna
will be mounted vertically on three support beams. The beams extend approximately two
Page 2 - Hearings Officer decision
CUP 96-0001 (Western PCS Corp.)
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feet from the sides of the freestanding pole. There may also be one or more small
microwave dishes (two-foot diameter) attached to the monopole structure and located
approximately twenty feet below the antenna panels. These microwave dishes might be
added later to augment telephone service at the site.
3. There will be four steel equipment cabinets, each measuring forty-eight inches in
height, and occupying space ten feet long by thirty-two inches wide. The applicant will
mount these cabinets on a concrete pad next to the monopole structure. Three sides of
the facility will be surrounded by a six-foot high slatted chain link fence. The applicant will
landscape the Interstate-5 Highway side of the facility to meet the City of Tigard's 15
percent landscaping requirements.
B. Landscaping And Screening
The applicant originally proposed to plant an arborvitae hedge within a four-foot
area around three sides of the leased area. At the hearing, the applicant proposed an
alternate screening plan that would include a slatted chain-link fence on three sides of the
site and landscaping on the Interstate-5 side of the site.
V. APPLICABLE APPROVAL STANDARDS
1. The Tigard Community Development Code requires that the minimum
landscaping requirement shall be 15 percent. TCDC 18.70.050(6). Fifteen percent of the
leased area is 79 square feet. The Hearings Officer decided that the 15 percent
landscaping requirement should be calculated on the area within the leased area subject to
development approval, or the applicant should prove that he is entitled to plant landscaping
outside the leasehold area.
2. The Tigard Community Development Code buffering and screening provisions
apply when adjacent uses are of a different type. TCDC 18.100.070(B). Here, the
adjacent uses are of the same type and the buffering and screening requirements do not
apply.
3. The Tigard Community Development Code in section 18.120.150(A) requires
that the applicant shall submit a site plan that includes "The location of underground
irrigation system sprinkler heads where applicable."
4. The Tigard Community Development Code requires screening of service
facilities. TCDC Sec. 18.120.180(A)(4)(b). Specifically the Code requires that "On site
screening from view from adjoining properties of such things as service areas, storage
areas ... shall be provided ... " and sets out some factors for deciding the adequacy of
the type and extent of the screening.
5. The Tigard Community Development Code requires asphalt or concrete surfaces
for parking or storage areas. TCDC Sec. 18.106.050(J). Specifically the Code requires
Page 3 - Hearings Officer decision
CUP 96-0001 (Western PCS Corp.)
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that "... all areas used for the parking or storage or maneuvering of any vehicle, .. .
shall be improved with asphalt or concrete surfaces."
VI. SITE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site before the hearing without the company of
others.
VII. EVALUATION OF REQUEST
1. The proposed use complies with Chapter 18.70 (Light Industrial District)
because the use, "utilities" which would allow the communications tower is listed as a
conditional use. Code Section 18.70.040(A)(2). The maximum height allowed by the
Code is 45 feet. The proposed cellular communication tower is exempt from the height
limitations of the underlying zone. 18.98.010(A)(2): "Projections such as chimneys,
spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag
poles, and other similar objects not used for human occupancy, are not subject to the
building height limitations of this title."
2. The proposed use can comply with Chapters 18.70 and 18.120 by imposing a
condition of approval that requires that the site plan will provide that a minimum of 15
percent of the site will be developed with landscaping. The Hearings Officer decided that
the 15 percent landscaping requirement should be calculated on the area within the leased
area subject to development approval, or the applicant should demonstrate that as part of
the lease agreement he is entitled to plant landscaping outside the leasehold area. The
screening requirements can be met by imposing a condition that three sides of the site be
surrounded by a 6-foot high slatted chain-link fence.
3. City staff proposed conditions to require that the site plan be revised to include
an irrigation plan and to show that areas for service vehicles will be paved. These
conditions are supported by requirements in Tigard's Code.
4. The Hearings Officer concludes that the proposed conditional use permit will
comply with the applicable criteria and standards of the Community Development Code,
provided development that occurs after this decision complies with applicable local, state,
and federal laws and with conditions of approval warranted to ensure such compliance
occurs.
VIII. ORDER
A. Approval of CUP 96-0001
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and other reports of affected agencies and public testimony and exhibits
Page 4 - Hearings Officer decision
CUP 96-0001 (Western PCS Corp.)
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received in this matter, the Hearings Officer hereby approves CUP 96-0001, subject to the
following conditions of approval:
B. Amended Conditions
1. The applicant shall submit a revised site and landscaping plan that shows
provision for the following:
a) The applicant shall either provide at least 79 square feet of
landscaping within the leasehold area or prove that as a part of the lease agreement that
the lessee is entitled to plant landscaping outside the leasehold area. The applicant shall
also provide a landscaping irrigation plan unless a landscape architect finds that this is not
necessary.
b) The applicant shall revise the plan to provide screening of the
equipment structures from view. Such screening may consist of a slatted chain-link fence
and at least 79 square feet of landscaping on the 1-5 side of the site.
c) The applicant shall revise the plan to show that those areas which
will accommodate a service vehicle, be used for parking, storage or maneuvering will be
paved with asphalt or concrete surfaces.
DATED this 3rd day of April, 1996
f
Deniece B. Won, Hearings Officer
Page 5 - Hearings Officer decision
CUP 96-0001 (Western PCS Corp.)
Agenda Item: 2.1
Hearing Date: March 25, 1996, Time: 7:00 PM
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
1. APPLICATION SUMMARY
CASES: FILE NAME: WESTERN PCS CORPORATION MONOPOLE
Conditional Use Permit CUP 96-0001
PROPOSAL: A request for Conditional Use Permit approval
to develop a cellular communications monopole.
APPLICANT: Western PCS Corporation
7535-B NE Ambassador Place
Portland, OR 97201
OWNER: Irwin Schimmel
14020 SW 72nd Avenue
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Light Industrial (I-L)
ZONING
DESIGNATION: Light Industrial (I-L)
LOCATION: 14020 SW 72nd Avenue (WCTM 2S1 01 DD, Tax Lot 800).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.70, 18.100, 18.102,
18.106, 18.108, 18.120, 18.130 and 18.164.
II. STAFF RECOMMENDATION
APPROVAL, subject to the following conditions. The findings and conclusions
on which the decision is based are noted in Section IV.
STAFF REPORT TO THE H.O. CUP 96-0001 - WESTERN PCS CORPORATION MONOPOLE PAGE 1
• -
CONDITIONS OF APPROVAL
In recognition of the findings staff recommends that the Hearings Officer approve
Conditional Use Permit CUP 96-0001 subject to the following requirements:
ALL CONDITIONS SHALL BE SATISFIED PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
1. The applicant shall submit a revised site and landscaping plan that shows
provision for the following: STAFF CONTACT: Mark Roberts, Planning Division.
a. The applicant shall demonstrate that as a part of the lease agreement that
they are entitled to plant landscaping outside the leasehold area. The
applicant shall also provide a landscaping irrigation plan unless a landscape
architect finds that this is not necessary.
b. The applicant shall revise the plan to provide arborvitae landscaping to
screen the equipment structures from view of the adjoining freeways.
C. The applicant shall revise the plan to indicate that those areas which are to
accommodate a service vehicle are to be paved.
III. BACKGROUND INFORMATION
Property History
The property is currently developed with a construction equipment rental facility. In 1990
at the request of the property owner, the site was rezoned from Planned Industrial I-P to
Light Industrial I-L. The City has no record of any other recent land use applications
having been submitted for this developed property. The applicant has proposed to
develop the cellular monopole to improve cellular phone service for the 1-5 and Highway
217 corridors and surrounding areas.
Vicinity Information:
The subject parcel is approximately eight acres. The area which is to be leased for this
purpose consists of approximately 525 square feet of the eight acre site. The proposed
monopole site to be leased is rectangular in shape and measures approximately 15 feet
by 35 feet. The affected portion of the site is relatively level and was previously paved.
Site Information and Proposal Description:
The site is located approximately 450 feet south of the south east corner of SW North
Dakota Street and SW Scholls Ferry Road.
STAFF REPORT TO THE H.O. CUP 96-0001 - WESTERN PCS CORPORATION MONOPOLE PAGE 2
• •
Existing Uses and Structures:
The subject property is currently developed for use as an equipment rental commercial
facility. The area proposed to be leased for development of the antenna would be a small
portion of the site located approximately 190 feet to the east of the main commercial
equipment rental building. The proposed monopole pad site is also not presently used for
other existing site activities such as equipment storage, driveways or service areas.
Surrounding Land Uses:
The monopole site is immediately surrounded on all sides by the Power Rents equipment
rental facility. Generally the entire Power Rents site is surrounded on all sides by other
industrial uses with exception of the area to the east of the site which is the Interstate 5
Freeway.
IV. APPLICABLE APPROVAL STANDARDS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Section 18.70 (Development Standards) allows Utilities subject to approval of a
Conditional Use Permit. The Development Code defines uses such as the proposed
antenna tower as a utility which is a conditionally permitted use within the Light Industrial
(I-L) Zoning District.
Section 18.70 does not specify a minimum parcel size or width requirement for a parcel
within the I-L Zone. For these reasons and because the applicant has not proposed to
purchase the subject property, the site meets the minimum development site
requirements of the I-L Zone.
Section 18.70 does not require that setbacks be provided other than from the
centerline of certain streets, within clear vision areas and for parking lot screening
purposes. These standards either do not apply due to the nature of the proposal or are
addressed elsewhere within this report.
Section 18.70 specifies that a maximum height of 45 feet is permitted for habitable
structures. Section 18.98 provides an exemption from height limits for all non-habitable
structures.
Section 18.70 specifies that the minimum landscaping requirement shall be 15
percent. Fifteen percent of the leased area of the site is 79 square feet. The applicant
has proposed an arborvitae hedge to be planted within a four foot area around three
sides of the actual lease hold area. The area to be landscaped exceeds the minimum
15% area standard, however, the applicant shall demonstrate that as a part of the lease
agreement that they are entitled to plant landscaping outside the leasehold area. The
applicant shall also demonstrate how the proposed landscaping will be irrigated where
necessary.
STAFF REPORT TO THE H.O. CUP 96-0001 - WESTERN PCS CORPORATION MONOPOLE PAGE 3
• •
Section 18.100 (Landscaping and Screening) provides standards for landscaping
and screening for between uses of varying intensity. This section does not provide
specific land use buffers between a utility use and the existing surrounding industrial
uses.
Section 18.102 (Visual Clearance) requires that a visual clearance area be
maintained along the intersections of all public and private right-of-ways. Because
the location of the fenced pad area is not at the intersection of two (2) driveways, the
fence and other site improvements are not subject to the clear vision standards.
Section 18.106 (Parking) does not specify a specific parking ratio for this type of
utility use. Section 18.106.050.J.1 specifies that with the exception one and two
family residential dwelling units, temporary uses and fleet storage uses that all
areas to be used maneuvering of vehicles shall be paved. The applicant has
provided a concrete pad around the monopole which complies with this standard. The
applicant has also proposed graveled areas around the pad. The Development Code
does not allow the use of gravel for any area which is designed for maneuvering of
vehicles. The applicant shall revise the site plan to indicate that those areas which are to
accommodate a service vehicle are to be paved.
Section 18.106 (Bicycle Facilities) requires one bicycle parking space is for each 15
required automobile parking spaces. Because this site is intended to be an unstaffed
utility and no parking spaces are required this standard is not deemed to be applicable.
Section 18.108.080 (Vehicular Access) does not provide a minimum driveway width
standard for driveway access to utility facilities. Because the proposal is not planned
to be a staffed installation and is to be located within a paved service area of an existing
commercial development, the existing commercial type driveway from SW 72nd Avenue
complies with the Community Development Code access requirements. Because no
minimum entrance width is specified for access to an unstaffed utility installation, the eight
(8) foot wide chain link gate is acceptable as proposed.
Section 18.108 (Pedestrian Circulation) requires that a pedestrian walkway extend
from the ground floor entrances from commercial and industrial development to
the streets which provides the required pedestrian access and egress. Because the
site is proposed to be an unstaffed utility facility this standard is not deemed to be
applicable to this proposal.
The Americans with Disabilities Act (ADA). Became effective on January 26, 1992.
The act requires one disabled person parking space if one (1) to twenty-five (25)
parking spaces are provided. Because this type of facility does not require parking
spaces to be provided, no handicapped accessible parking space is required. The
Building Department will review the site for compliance with other provisions of the ADA
prior to the issuance of Building Permits.
STAFF REPORT TO THE H.O. CUP 96-0001 - WESTERN PCs CORPORATION MONOPOLE PAGE 4
• •
Section 18.120.180 (Site Development Review) This section requires that a
development proposal be found to be consistent with the various standards of
other Community Development Code. The applicable criteria in this case are Sections
18.70, 18.98, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. The proposal
has been reviewed for consistency with these sections elsewhere within this report.
The proposal contains no elements related to the provisions of Code Chapters 18.94
(Manufactured/ Mobile Home Regulations), 18.134 (Variance), 18.144 (Accessory Use
and Structures), 18.150 (Tree Removal) which are also listed under Section
18.120.180.A.1. These sections are, therefore, found to be inapplicable as approval
standards.
Section 18.120.180.A.2 provides other Site Development Review approval
standards not necessarily covered by the provisions of the previously listed
sections. These standards are also found not to be applicable or have been addressed
immediately below.
Section 18.120.180. A.4 (a-b) (Screening From Adjoining Properties) - The applicant
has proposed arborvitae plantings around the proposed facility on three (3) sides as
viewed from the Power Rents site. It is recommended that this same type of landscape
material be provided to screen the equipment structures from view of the adjoining
industrial uses.
Section 18.130.040 (Conditional Use Permits) contains the following general
approval criteria for a Conditional Use:
1) The site size and dimensions provide:
a. Adequate area for the needs of the proposed use; and
b. Adequate area for aesthetic design treatment to mitigate possible
adverse effects from the use on surrounding properties and uses.
2) The characteristics of the site are suitable for the proposed use considering
size, shape, location, topography, and natural features.
3) All required public facilities have adequate capacity to serve the proposal.
4) The applicable requirements of the zoning district are met except as
modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114 (Signs) and
Section 18.120.180 Site Development Review are met.
6) The use will comply with the applicable policies of the Comprehensive Plan.
The use as revised through the recommended Conditions of Approval complies with all
site development standards set forth for the Commercial Professional Zoning District.
The property is physically separated from residential areas due to its location. Proposed
landscaping will partially screen the ground . mounted equipment from view. The
monopole itself has been designed to blend into the background as much as possible.
The pole is to be constructed of a galvanized finish which would match other light poles
which are constructed nearby to illuminate the 217/Interstate 5 interchange.
STAFF REPORT TO THE H.O. CUP 96-0001 - WESTERN PCS CORPORATION MONOPOLE PAGE 5