HomeMy WebLinkAbout98-134Resolution No. 98- / --~ ~/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
RATIFYING THE TRANSFER OF CONDITIONAL USE PERMIT LUP96-00069
FROM PORT TOWNSEND CABLE TV, LTD., TO SUMMIT CABLEVISION, L.P.
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WHEREAS, Whereas, Port Townsend Cable TV, Limited Partnership (d/b/a Summit
communications, Inc., General partner) holds a non-exclusive cable television franchise in the City
of Port Townsend, which is effective until 2,011; and
WHEREAS, Port Townsend Cable TV, Limited Partnership also has a Conditional Use
Permit for its head-end antenna facilities (Conditional Use Permit No. LUP96-00069; Attachment
1); and
WHEREAS, the Conditional Use Permit is conditioned on the following:
The conditional use permit is specific to Port Townsend Cable TV, Ltd., and is assumable
only after ratification by pubic hearing of the City Council.
WHEREAS, Summit has requested that the City approve a transfer of its cable television
franchise to Summit Cablevision L.P.; and
WHEREAS, on December 7, 1998, by Ordinance No. 2672, the City Council approved
the transfer at its regularly scheduled meeting on December 6, 1998, conditioned on meeting the
requirement of the Conditional Use Permit; and
WHEREAS, a duly noticed public hearing on the transfer request was held before the
City Council on December 21, 1998; and
WHEREAS, after considering any public testimony, the City Council finds that for the
same reasons identified in the Recitals to Ordinance No. 2672 that it is appropriate to approve the
request to transfer Conditional Use Permit No. LUP96-00069 to Summit Cablevision, L.P.,
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port
Townsend that the transfer of the franchise agreement from Port Townsend Cable Ltd. is to
Summit Cablevision L. P. is hereby ratified. Conditional Use Permit No. LUP96-00069,
1 Res. 98- /
Condition No. 8 is hereby amended to provide that any furore transfer or assignment requests
shall be governed by the relevant provisions .of Title 17, PTMC.
ADOPTED by the City Council of the City of Port Townsend and signed by the May°r
on this 21st day of December, 1998.
Ju~ McCulloch, Mayor
Attest:
Pam KOlacy, City ~lerk~
Attachment:
12/5/96 Director's Findings LUP964X)069
Appr°ve~i~rmL~~c~vlal~
tn, City Attorney
12/14/98 [98-58] CA§Res{Cablecup.res}
2 Res. 98- /~ al
DATE:
RE:
of Port Townsend
Building and Community Development
DIRECTOR'S FINDINGS OF FACT, CONCLUSIONS, AND DECISION
December 5, 1996
Conditional Use Permit Application, LUP96-00069
Port Townsend Cable TV, Ltd..
Afrer respectful consideration ~)fthe above-referenced application, the Director of Bu'fiding and
Community Development makes the following findings, conclusions, 'and decision.
Findings of Fact
The applicant, Port Townsend Cable TV, Ltd., proposes to continue operation oran
existing cable TV "head-end" antenna, (Exhibit A, Conditional Use Permit AppBcation).
Section 17.16.010 Port Townsend Municipal Code (PTMC) requires a condkional use
permit (CUP) to establish a radio or television broadcasting station or mast. The facility's
previous permit, expired December 31, 1995, (Exhibit B, Findings of Fact and
Conclusions of the City Council, Conditional Use Permit 9010-04).
The subject property is located at 3510 Rosecrans Street and is legally described as Lots
5 and 6 of Block 5 in Corrigan's Addition to the City of Port Townsend, (Exhibit C,
Vicinity Map).
Surrounding land uses include low-densi.ty single-family development north, east and west
of the site. The City's proposed 35th Street Park lies to the south. The sire'iS' bordered by
graded/unpaved Rosecrans Street to/he West and undeveloped 35th Street to the South.
Access is provided fi-om Rosecrans Street via partially developed Umatilla Avenue,
(Exhibit C, Vicinity Map).
The applicant states that the facility has been in existence at this locatiOn since 1976. The
original Conditional Use Permit (CUP #127) was granted by City Council on December
21, 1976. This CUP allowed the applicant to construct and operate a cable television
antenna site, with a variance from the height restrictions of the R-IA zone, (Exhibit D,
Conditional Use Permit #127). Conditional Use Permit #127 has expired.
On March 5, 1991, the City granted Conditional Use Permit #9010-04 and Variance
#9010-05 for expansion of the installation and to extend the duration of the permit. CLIP
#9010-05 expired on December 31, 1995. 61~-/~6g
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rJP96-O0069
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Structures on the site include two buildings, one antenna tower, one micro receive dish,
and three C-band receive satellite dishes. The antennas receive TV broadcasts and
distribute the signal to subscribers over coaxile cable. The dishes are "receive only"
facilities which, according to research provided by the Municipal Research and Services
Center, do not emit potentially hazardous electric and magnetic fields.
Existing structures meet the setback requirements of the R-IA zoning c~istrict,
(F-xhibit E, Site Plan).
12.
The facility is unoccupied by staff'. The applicant states that maintenance activities
generate approximately two' vehicle trips per day. Two off-street parking spaces are
provided at the site, (Exhibit E, Site Plan).
The site is enclosed/secured by a chain-link fence. Natural vegetation provides a buffer
between the facility and surrounding residential Properties.
Notice of application was published in the local newspaper and posted by the applicant at
the proposal site. No comments were received.
Neighborhood complaints received in association with the previous permit (CUP 9010-04)
included trash and trash burning. The approved permit included conditions to address the
these concerns.
o
The proposed conditional use has been processed as a Type II permit as set forth in
Section 20.01.040 PTMC.
Under the conditions prescribed below, the proposal will not endanger the public health or
safety and will not tend to generate nuisance conditions such as noise, dust, glare and
vibration.
The proposed use meets all the required conditions and specifications set forth in the R-IA
zone in which the property is located, with the exception'of the existing tower which was
granted a height variance in 1991 (Exhibit F, Findings of Fact and Conclusions of the
CiO' Council, Variance 9010-05).
Under the conditions prescribed below, the proposed continu~ use &the existing facility
would not be injurious or detrimental to the adjoining or abutting property.
The location and character of the use is in harmony with the area in which it is located and
in general conformity with the comprehensive plan. 0~'-/z39b
UP96-00069
on the foregoing Findings and Conclusions, application for Conditional Use Permit
is hereby APPROVED subject to compliance with the following
Any expansion of the facility including increase in structures or the height or number o£
antennas shall require a revised conditional use permit,
The applicant shall be solely responsible for assuring that the TV antennas meet all health
and safety requirements of the Federal Communication Commission and other
broadcasting regulatory bodies.
The applicant shall keep the facility in a neat and orderly fashion. Exposed exterior
storage shall be prohibited at the site. Trash shall be removed from the site on the same
day that it is created or deposited.
4. The applicant shall not bum any material of any kind on or near the site.
The applicant shall continue maintenance of the existing vegetative buffer along the entire
perimeter of the installation.
Operations at this site shall be limited to receiving transmissions only>
Pursuant to Subsection 17.64.050 PTNIC, if the City becomes aware of possible adverse
effects resulting from a conditional use, additional conditions may be imposed on the
permit or the permit may be rescinded.
The conditional use permit is specific to Port Townsend Cable TV, Ltd., and is assumable
only after ratification by public hearing of the City Council.
In the event that the permitted use is discontinued for a continuous period of 180 days and
no permit' for renewal has been submitted, the applicant agrees to remove all structures
and fencing from the site within three months of the date of termination.
Building and Community DeveloPment
/ 7I~te
APPEALS
Put. mt to Sub~ction 20.01.210 of the Port Towa~l Municipal Cede. m ~pplicant or other party of
r~.~rd who nmy b~ ~ggri~ved by the Mmini~trativ¢ decision may appeal th~ decision to the City Council;
provided, that a written appeal in conformance with PTMC 20.01.3 I0 is filed within 14 calendar days after
the notice of tl~ decision. ~ O/_/,~