HomeMy WebLinkAboutEx 16 H.E Decision & DCD Staff Report ZON06-00061L O G IT E M
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OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND DECISION
Page __ of
CASE NO.: CONDITIONAL USE PERMIT APPLICATION
ZON06-00061 MLA06-00669
PACIFIC TELECOM
APPLICANT:
PROPERTY OWNER:
REPRESENTATIVE:
SUMMARY OF REQUEST:
Pacific Telecom
568 1 sr Ave. S. #650
Seattle, WA 98103
Steve St. Clair dba Scram LLC
P.O. Box 89
Port Hadlock, WA 98339
Matt Englesby
The applicant is requesting approval of a conditional use permit to allow construction of a
new un-manned 150 foot monopole cell tower with 3 sector antenna array and equipment
cabinets within a 40 X 50 foot leased and fenced area in a General Commercial
Crossroads zone.
SUMMARY OF DECISION:
Request granted, subject to conditions.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Community Development and
examining available information on file with the application, the Examiner conducted
a public hearing on the request as follows:
The hearing was opened on April 27, 2007.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
SEE ATTACHED INDEX LIST
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DAVID JOHNSON appeared, presented the Department of Community Development Staff
Report and testified that staff recom m ends approval subject to conditions. Staff agrees with
the location of the tower subject to the condition of screening. Conditions requiring
screening, and other tall power poles exist in the area.
MATT ENGLESBY appeared on behalf of the request, intro duced mem bers of the
applicant's team , and testified that T-M obile has applied for a 150 fo ot tall tow er which will
network with other facilities. It will pro vide an E911 system by triangulating incom ing calls. It
will not affect the underlying pro perty or surrounding pro perties and w ill fully com ply w ith
Chapter 18.42 of the code as well as all FCC and FAA regulations. They w ill also meet the
basic setback requirements of the zone, but are requesting a reduction in setbacks for the
tower to allow its location am ong trees. The tower w ill also provide co-location
opportunities.
GLEN DEVINE appeared and testified that he has worked for seven years as an RF
engineer and that the tower will allow cellular service along SR-19 betw een Port Hadlock
and Iro ndale. He referred to the RF maps (Exhibit "2") and show ed the areas covered in
houses and cars and areas of slim to no coverage. They presently have no coverage in
areas of Iro ndale and Port Hadlock. They have 169 T-Mobile subscribers in the area. SR-
19 carries 12,000 to 13,000 vehicle trips per day average, and E911 calls have averaged
one every other day for the past two years. They are able to locate their subscribers by
triangulation. Thirty-seven of their customers have deactivated T-M obile because of lack of
coverage.
REBECCA TODD appeared and referred to the zoning map, and note that the blue color
shows the com m ercial zone. PSE has a high voltage pow er line along the right-of-way, and
they appro ached PSE to locate their cellular antennas atop one of their poles. However,
PSE would not allow replacement of a pole or allow them to add to the top of one of their
poles due to loading issues. They have excellent access to the tow er and a w illing landlord
within their search ring. 130 to 140 foot high trees are in the area w hich is w hy they need
the 150 fo ot height.
STEVE ST. CLAIR, owner of the pro perty, appeared and testified that location of the tow er
on the site will allow him to continue to give back to the com munity. Concern ing safety, he
is aware of a heart attack situation where if they had had cellular phone serv ice, aid could
have arrived sooner. The cell phone call was dro pped. Coverage is spotty and poor and the
tower will pro vide a great im pro vem ent.
RICHARD RICHARD, attorn ey at law practicing in Port Tow nsend, appeared and requested
that staff order the preparation of an Environm ental Im pact Statem ent fo r the tow er. He
also attem pted to present testim ony regarding the health hazards of cellular tow ers in
general and the hiding of such health hazards by cellular phone com panies. The Exam iner
would not allow health related testim ony as such issues w ere covered by the
Telecom munications Act of 1996.
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KA T H E R IN E KA N E a p p e a re d a n d a ls o m a d e re m a rks re g a rd in g he a lth re la te d issu e s .
S Y L V IA D E S B A N H E N D R IX te stifie d th a t s h e liv e s 1.5 m ile s fr o m th e to w e r, b u t th a t he r
d a u g h te r w o rk s in a c o ff e e sh o p be n e a th th e to w e r. S h e ha s co n c e rn s re g a rd in g he r
d a u g h te r's h e a lth a n d a ls o te stifi e d th a t sh e ha s ne v e r ha d a p ro b le m w ith ce llu la r ph o n e
re c e p tio n in th e a re a .
H A N N A H M c F A R L A N D a p p e a re d a n d re fe rre d to th e re ce n t le g is la tio n p a sse d by th e S ta te
L e g is la tu re re s tric tin g th e us e o f ce llu la r p h o n e s w h ile d riv in g . W e th e re fo re d o no t ne e d
m o re in ca r co v e ra g e .
IS O L D E P E R R Y a p p e a re d a n d te stifie d th a t sh e fo u n d o u t a b o u t th e he a rin g at 11 :3 0 th is
m o rn in g a n d d id no t se e a n y no tic e in th e pa p e r. H e r ne ig h b o rs ha v e fi n e co ve ra g e a n d
s h e fe lt T -M o b ile ha d th e b e st co v e ra g e in a n a re a in lo c a tio n s a p p ro x im a te ly o n e ha lf m ile
fro m th e to w e r. S h e q u e stio n e d w h e th e r th e to w e r w o u ld w ith s ta n d e a rt h q u a ke s a n d w h a t
w o u ld h a p p e n if su c h o c c u rre d . S h e is a bo a rd m e m b e r o f th e S u n fi e ld E d u c a tio n
A s s o c ia tio n w h ic h ha s a ne w sc h o o l to th e so u th .
M R. D E V IN E re a p p e a re d a n d te stifi e d th a t th e F C C ha s ju ris d ic tio n o ve r ce llu la r to w e r
e m is s io n s p u rs u a n t to th e T e le c o m m u n ic a tio n s A c t of 19 9 6 . T h is a ct se ts th e th re sh o ld fo r
e x p o s u re a n d h e c o m p a re d th e th re s h o ld a llo w a n c e w ith th e a c tu a l tra n s m is sio n le v e l o f
th e to w e r. D iff e re n t ca rrie rs us e d iffe re n t te c h n iq u e s a n d C in g u la r m a y ha ve be tt e r se rv ic e
in th e a re a d u e to its w a v e le n g th . P e o p le p re s e n tly re c e iv in g ce llu la r se rv ice fr o m T -M o b ile
in th e a re a a re g e tt in g it fro m a to w e r o n In d ia n Is la n d .
M R. JO H N S O N re a p p e a re d a n d te stifi e d th a t th e a p p lic a n t sa tisfi e d S e ctio n 18 .4 2 .0 6 0 o f
th e c o d e b y se n d in g le tt e rs to ca rrie rs o ffe rin g to co -lo c a te if th e y ha d a to w e r in th e a re a .
T h e C o u n ty p u b lis h e d n o tic e in th e pa p e r a n d se n t w ritte n no tic e to p ro p e rt y o w n e rs w ith in
3 0 0 fe e t o f th e to w e r. T h e b u ild in g pe rm it p ro c e ss w ill e v a lu a te th e e a rt h q u a ke ha za rd s a n d
co n s tru c tio n te c h n iq u e s .
N o o n e sp o k e fu rt h e r in th is m a tt e r a n d th e E x a m in e r to o k th e m a tt e r u n d e r a d v is e m e n t.
T h e h e a rin g w a s co n c lu d e d .
NOTE: A complete record of this hearing is available in the office of Jefferson County
Department of Community Development.
FINDINGS, CONCLUSIONS AND DECISION:
FINDINGS:
1. The Hearing Examiner has admitted documentary evidence into the record, and
taken this matter under advisement.
2. This proposal was reviewed under the State Environmental Policy Act (SEPA),
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utilizing the O ptional DNS pro cess. A Determ ination of Nonsignificance (DNS) was
is s u e d M a rc h 2 3 , 2 007, and the Notice of SEPA threshold determ ination was
c o m b in ed with the Notice of Public Hearing. No appeals have been received for the
SEPA threshold determ ination.
3. Pro per notice was pro vided pursuant to the Jefferson County Code.
4. The applicant has acquired a leasehold interest in a 2,000 square fo ot parcel of
pro perty located at the northw est corn er of an underlying 1.64 acre parcel located at
11526 SR-19, Port Hadlock in unincorporated Jefferson County. The underlying
parcel abuts SR-19 fo r 218 feet and varies in depth between 257 feet and 359 feet.
The site is presently im pro ved with a 13,4 19 square fo ot Napa A uto Parts Store and
associated parking.
5. The applicant requests a conditional use perm it to allow construction of an
unm anned, 150 fo ot tall, cellular tower which would support three sector antenna
array with one antenna per sector at the top. The pro ject also includes equipm ent
cabinets located near the base of the tower, a six fo ot tall, wooden fence
surro unding the perim eter of the leased prem ises, and a locked gate. The applicant
also requests a waiver from the 95 fo ot wide, side yard setback and 110 fo ot side,
rear yard setback required by Section 18.4 2.090(1 )(d) of the Jefferson County Code
(JCC) based upon better screening by trees and a greater setback from SR-19.
6. The site plan shows the tower located near the center of the leased prem ises and
the equipm ent cabinets located near the east property line of the prem ises. Access
is provided through the Napa Auto Parts parking area north of the building. An
undeveloped County right-of-way vegetated with heavy brush and trees abuts the
north and east sides of the leased prem ises and w ill be retained fo r screening. The
u n d e rly in g p a rc e l a ls o c ontains fir trees which will likew ise be retained fo r additional
screening.
7. The site is located within the General Cro ssroads designation of the Jefferson
C o u n ty C o m p re h e n s iv e Plan. Applicable policies of the com prehensive plan
a d d r e s s in g te le c o m m u n ic a t io n te c h n o lo g y in c lu d e th e fo llo w in g :
G o a l U T G 8 .0 : A c c om m odate telecom m unication technologies and serv ice
p ro v id e rs b y a ll o w in g s y s te m s d e v e lo p m e n t consistent with the
c o m p re h e n s iv e p la n .
P o lic y U T P 8 .1 : P ro m o te th e w id e spread availability of telecom m unications
technologies in cooperation with other public and private entities, to facilitate
com m unication am ong m em bers of the public, public institutions, and
businesses.
Policy UTP 9.3: Require consolidation of antenna siting, transm ission m edia,
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u t il ity p o le , a n d tre n c h in g p la c e m e n t to m in im iz e a e s th e tic a n d e n v iro n m e n ta l
im p a c ts .
T h e p ro je c t c o m p lie s w it h th e a b o v e p o lic ie s a n d g o a l a s th e to w e r w ill m a k e
a v a ila b le T -M o b ile te le c o m m u n ic a t io n s e rv ic e in a n u n d e r s e rv e d u r b a n a r e a . T h e
a p p lic a n t w ill c o n s t r u c t th e to w e r to a c c o m m o d a te a d d it io n a l c a r r ie r s in a c c o r d a n c e
w it h P o lic y U T P 8 .2 . T h e p ro je c t th e r e fo r e s a t is fi e s a p p lic a b le g o a ls a n d p o lic ie s o f
th e c o m p r e h e n s iv e p la n .
8 . T h e s ite is lo c a te d w ith in th e G e n e r a l C ro s s ro a d s (G C ) z o n e cl a s s ifi c a t io n o f th e
J G C , a ru r a l c o m m e r c ia l z o n e . S e c tio n 1 8 .1 5 .0 4 0 J G C s e ts fo rt h th e re g u la te d la n d
u s e s fo r e a c h z o n e cl a s s ifi c a t io n a n d re fe r s to J G C 1 8 .2 0 .1 3 0 fo r "c o m m e r c ia l
c o m m u n ic a t io n fa c ilit ie s ". S a id s e c tio n p ro v id e s a s fo llo w s :
C o m m e r c ia l c o m m u n ic a tio n a n d p e r s o n a l w ir e le s s fa c ilit ie s a r e
re g u la te d u n d e r C h a p te r 1 8 .4 2 J G C .
C h a p te r 1 8 .4 2 d o e s n o t p ro h ib it w ir e le s s c o m m u n ic a tio n fa c ilit ie s (W C F ) fr o m
lo c a tin g w it h in a n y z o n e cl a s s ifi c a tio n , b u t w it h s e v e r a l e x e m p t io n s w h ic h d o n o t
a p p ly h e r e , re q u ir e s c o m p lia n c e w it h th e c r ite r ia s e t fo rt h th e r e in a n d w ith th e
c o n d itio n a l u s e p e r m it c rite r ia .
9 . S e c tio n 1 8 .1 5 .0 1 5 (1 )(2 )(b ) J G C p ro v id e s th a t th e G C c la s s ifi c a tio n d e s ig n a te s
h is to r ic c o m m e r c ia l a r e a s th a t p ro v id e a b r o a d ra n g e o f c o m m e r c ia l g o o d s a n d
s e rv ic e s fo r a la r g e r p o p u la tio n b a s e in n o rt h e a s t J e ff e r s o n- C o u n ty . T h e J G C a llo w s
W C F 's in th e G C c la s s ifi c a tio n s u b je c t to c o m p lia n c e w it h C h a p te r 1 8 .4 2 J G C a n d
th e c o n d it io n a l u s e c r ite r ia .
1 0 . R e s id e n ts a p p e a r in g in o p p o s itio n to th e to w e r a tt e m p te d to p r e s e n t e v id e n c e
re g a r d in g th e h e a lth h a z a r d s a s s o c ia te d w it h W C F's a n d s p e c ifi c a ll y th e e m is s io n s
fr o m to w e r s . H o w e v e r , re s id e n ts h a d n o e v id e n c e th a t th e p ro p o s e d to w e r w o u ld
n o t m e e t th e e m is s io n s s ta n d a r d s s e t fo rt h in th e F e d e r a l T e le c o m m u n ic a tio n s A c t
o f 1 9 9 6 . T h e J G C c o n ta in s n o e m is s io n s o r h e a lt h re la te d c r ite r ia b e c a u s e th e
F e d e r a l T e le c o m m u n ic a t io n s A c t h a s p r e e m p te d th e fi e ld a n d a p p lie s to a ll
te le c o m m u n ic a t io n s fa c ilitie s th ro u g h o u t th e C o u n ty . S e c tio n 1 8 .4 2 .0 1 0 (1 ) J G C
e n titl e d "P u r p o s e , P o lic y , G o a ls , a n d In te r p re ta tio n " p ro v id e s in p a rt :
(1 ) P u r p o s e . T h is c h a p te r is d e s ig n e d to p ro v id e o p p o rt u n it ie s
fo r th e c o m m u n ity to b e s e rv e d b y p e r s o n a l w ir e le s s s e rv ic e
fa c ilit ie s , c o n s is te n t w it h th e rig h ts o f p e r s o n a l w ir e le s s
s e rv ic e p ro v id e r s a s s e t fo rt h in th e F e d e r a l
T e le c o m m u n ic a t io n s A c t o f 1 9 9 6 . (P u b . L.N o .1 0 4 -1 0 4 , 1 1 0
S ta te 5 6 , 3 1 -1 3 6 , C o d ifi e d a t 4 7 U S C 3 3 2 (c )), h e r e in a ft e r
re fe r re d to a s "th e T e le c o m m u n ic a t io n s A c t o r "t h e A c t" ....
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(2 ) In te nt and In te rp reta tion . T hese sta n d ard s are desig n ed to
c o m p ly w it h t h e a c t. T h e p ro visions of th is cha p te r shall no t
b e in t e r p r e te d to pro h ibit, o r to ha ve the eff ect of pro h ib iting ,
t e le c o m m u n ic a t io n s o r p e r s o n a l w ir e le s s co m m u n icatio ns ....
S e ction 18 .4 2 .06 0 JC C e ntitle d "C o -L o cation P olicy" pro v id e s in pa rt :
(1) T he nu m b er of w ire le ss co m m u n ica tion tow ers sh all be
m in im ize d to the gre atest exte nt fea sib le thro ug h co -lo catio n
of w ire less co m m u n ication fac ilities and att a c hm ent of
w ire less co m m u n icatio ns ante n n a s to existin g alte rn a tive
structure s.
T hu s , w h ile re sid e nts corre ctly assert tha t ad ditio na l anten n a s m ean ad ditio nal
em issions fr o m the tow e r, the JC C sp e cifica lly a utho rizes and en co u rag es co -
lo ca tio n "to the gre a te st exte nt fea sib le ". T hu s , ne ithe r the JC C nor the
T e leco m m u n ications A ct authorize s the E xa m ine r to con s id e r the im p a ct of
em ission s fro m a W C F o r de ny a tow er ba se d up on health risks asso cia ted w ith
e ithe r a single user or m u lti-u ser W C F .
11 . R e sid e nts re q u e st tha t the C o u nty req u ire pre p aration of an E n viro n m e nta l Im p a ct
S tate m e nt (E IS ). T he e nv iro n m e nta l im p a cts of the tow e r w e re eva lu a ted by the
Je ff e rso n C ou n ty re sp o n sib le off ic ial in acco rdan ce w ith the S ta te E n v iro n m e nta l
P olicy A ct (S E P A ). T he ap plic a nt su b m itt e d an e nv iro n m enta l checklist on
D ece m b er 20, 20 0 6, addre ssing all e nviro nm e nta l e lem ents as req u ired by S E P A. In
a m em ora ndu m da te d M arch 23, 20 0 7, S ta cy H oskin s , the S E P A re sp ons ib le
off ic ial, eva lu a te d the S E P A checklist and issued a th re sho ld D e te rm in a tio n of
N ons ig nific a n ce, findin g tha t construction an d op eration of the tow er w o u ld no t
cre a te pro b a ble sig nifica n t ad verse e nviro n m e nta l im pa cts. C on cern ing
env iro n m e ntal hea lth , the re sp ons ible off icial fo u n d :
T he pro p osa l w ill pro d u ce sm a ll le vels of ra d io fr e q u e n cy e lectro -
m ag n e tic field s . A n exp o su re an alysis pre p a re d by B J T hom as,
P .E., da te d N o ve m b e r 30, 20 0 6, co nc lu d e d tha t the pro p o se d
pro je ct w o u ld co m ply w ith FC C sta n d ards fo r hu m an sa fety . N o
sign ifica nt ad verse e nv iro n m enta l im p a cts ha ve be e n id entifie d. N o
m itig a tion m e a su re s are re co m m end e d . A ddition a l a n a lysis of the
pro p o sa l an d its eff ects re la te d to e nv iro n m en ta l health is no t
ne ce ssary .
T he D N S pro v id ed a co m m e nt a nd ap pea l period w h ic h ex p ire d A p ril 25, 20 0 7 .
S in ce no ap p ea ls w e re file d , the S E P A re vie w is fina l an d the E xa m in er has no
au thority to w ithdraw the D N S an d orde r pre paration of an E IS . In e ssen ce , the
S E P A off ic ia l dete rm ined tha t co m p lian ce w ith FC C sta ndards (the
T e leco m m u n icatio n s A ct) w o u ld pro tect hu m a n he a lth ba se d up o n stud ie s acce pted
6X
b y C o n g re s s d u rin g its a d o p tio n o f th e T e le c o m m u n ic a tio n s A ct.
12 . R e s id e n ts re q u e st th a t th e H e a rin g E x a m in e r d e n y th e to w e r fo r he a lth re a s o n s
b a s e d u p o n a "m o ra l" s ta n d a rd . H o w e v e r, S e ctio n 18 .0 5 .0 8 0 (5 )(c) JC C e n title d
"C rite ria fo r R e v ie w " p ro v id e s in p a rt :
A s m o re sp e c ifi c a lly se t fo rt h in C h a p te r 18 .4 0 JC C , th e d e c is io n s
o f th e he a rin g e x a m in e r a n d a p p e lla te he a rin g e x a m in e r sh a ll be
b a s e d u p o n th e p o lic ie s o f th e Je ffe rso n C o u n ty C o m p re h e n s ive
P la n , th e S h o re lin e M a n a g e m e n t A c t, th e S ta te E n v iro n m e n ta l
P o lic y A c t, th e s ta n d a rd s se t fo rt h in th is co d e , a n d a n y o th e r
a p p lic a b le la n d us e p la n s o r o rd in a n c e s a d o p te d by th e B o a rd o f
C o m m is s io n e rs ....
T h u s , th e E x a m in e r m u s t re v ie w th e re q u e st in a c c o rd a n c e w ith JC C crite ria w h ic h
p ro v id e s th a t the a p p lic a n t's W C F m u st m e e t th e sta n d a rd s o f th e
T e le c o m m u n ic a tio n s A ct o f 19 9 6 .
13 . R e s id e n ts ra is e d co n c e rn s re g a rd in g th e a b ility o f th e W C F to w ith sta n d a n
e a rt h q u a k e . S e c tio n 18 .4 2 .0 5 0 JC C e n title d "C o m p lia n c e w ith O th e r R e g u la tio n s "
p ro v id e s in p a rt :
A ll co n s tru c tio n o f p e rso n a l w ire le s s se rv ic e fa c ilitie s sh a ll be
s u b je c t to th e re q u ire m e n ts o f th e C o u n ty B u ild in g C o d e , C h a p te r
15 .0 5 JC C a n d a ll co d e s a d o p te d by re fe re n c e in JC C 15 .0 5 .0 3 0
in cl u d in g , b u t no t lim ite d to , th e U n ifo rm B u ild in g C o d e (U B C ), th e
N a tio n a l E le ctric C o d e (N E C ), th e re q u ire m e n ts o f th e N a tio n a l
E le c tro n ic s In d u s trie s A s s o ci a tio n /T e le c o m m u n ic a tio n s In d u s trie s
A s s o c ia tio n (E IA/T IA ) 2 2 2 R e v is io n F S ta n d a rd e n title d "S tru ctu ra l
S ta n d a rd s fo r S te e l A n te n n a T o w e rs a n d A n te n n a S u p p o rt in g
S tru c tu re s " a n d a n y a d d itio n a l a p p lic a b le sta n d a rd s p u b lis h e d by
th e E le c tro n ic s In d u s trie s A s s o c ia tio n ....
C o m p lia n c e w ith th e a b o v e co d e s w ill e n s u re th a t co n s tru c tio n of th e to w e r w ill
o c c u r in a m a n n e r to a s s u re sa fe ty d u rin g a n e a rt h q u a ke .
14 . P rio r to o b ta in in g a p p ro v a l o f a W C F th e a p p lic a n t m u st sh o w th a t th e p ro je ct
sa tis fi e s th e d e s ig n re v ie w s ta n d a rd s se t fo rt h in S e c ti o n 18 .4 2 .0 9 0 JC C . F in d in g s
o n e a c h c rite ria a re he re b y m a d e a s fo llo w s :
A. S u b s e c tio n 1 (a ) re q u ire s th e p a in tin g o f to w e rs w ith a no n -re fle ctive co lo r th a t
b le n d s w ith th e su rro u n d in g s . T h e a p p lic a n t w ill p a in t th e to w e r d a rk g re e n to
b le n d w ith su rro u n d in g tre e s .
B . N o o th e r w ire le s s fa c ility e x is ts w ith in 2 ,0 0 0 fe e t o f th e p ro p o se d lo ca tio n .
7X
C . The Federal A viation A dm inistration (FAA ) has evaluated the tow er and
determ ined that the applicant need not paint or install a light at the top of the
to w e r .
D . S u bsection 1 (d) requires that yard setbacks fo r tow ers greater than 60 feet in
h e ight be increased by one fo ot fo r every fo ot of additional height above 60
feet. T able 6.1 entitled "D ensity, D im ension, and O pen Space Standards" set
fo rt h in Section 18.30.050 JC C requires m inim um rear and side yard
s e t b a c ks of five feet in the G C zone classification. Thus, the setback
re q u ir e m e n t s fo r th e 1 5 0 fo o t to w e r c alculate to 95 feet fro m both the rear
a n d s id e p r o p e rt y lin e s . T h e s it e p la n s h o w s th e c e llu la r m onopole located 40
fe e t fr om the rear pro pert y line and 30 feet fr om the side pro perty line w hich
does not m eet the setback criteria. How ever, said section authorizes the
Exam iner to w ave the setback requirem ent "based on a finding that lesser
setbacks and/or the use of additional screening are adequate to am eliorate
aesthetic and visual im pacts". In the present case, the applicant proposes to
locate the structure in the northw est corn er of the site w hich reduces its
visibility fro m S R -19 and m oves it closer to both off-site and on-site conifer
and deciduous trees w hich pro vide greater screening than w ould be available
if the structure com plied w ith all setbacks. A location adjacent to a tall stand
of native trees w ill reduce the visual im pact of the faci lity on adjacent
residential pro pert ies. T herefo re, the request fo r a w aiver to the required
setbacks is appro priate.
E . The project com plies w ith Sections (1 )(e) and (f) as the applicant will fence
the perimeter with a six foot high security fence, and the ground equipment
cabinets will not extend more than six feet above grade.
F. Conditions of approval require compliance with the noise criteria set forth in
Chapter 173-60 of the Washington Administrative Code (WAC).
G. The project will satisfy the landscaping and screening criteria set forth in
Section (1 )(h) as the applicant will submit a landscaping plan for approval by
the Department of Community Development (DCD) and will move existing
trees from within the leased premises to outside the leased premises.
Vegetation on the unopened right-of-way will remain, and thus existing
vegetation will be preserved to the greatest extent feasible. Furthermore,
conditions require the applicant to plant on-site screening trees. The painting
of the tower, its location among trees, and planting of additional trees will
ensure compliance with Subsection (1 )(i) entitled "Camouflage and
Concealment".
H. The applicant proposes no signs or security lighting and will maintain safety
and security of the premises by means of the six foot high fence.
BX
1 5 . S e c tio n 1 8 .4 2 .0 9 0 (2 ) J C C , e n t it le d "W ire le s s F a c il ity D e s ig n R e v ie w S ta n d a rd s -
C o n d it io n a l U s e s ", s e ts fo rt h a d d itio n a l c rite ria fo r th o s e fa c ilitie s re q u irin g
c o n d itio n a l u s e re v ie w . F in d in g s o n e a c h c rite ria a re h e re b y m a d e a s fo ll o w s :
A. The tower will not interfere with views from residential structures located
within 200 feet to mountains, marine waters, public parks, significant public
open spaces, or historic structures. No residence is located within 200 feet of
the proposed tower, and future residences would not have views impacted
due to the topography and vegetation on other parcels in the area.
B. The applicant will maintain existing trees and shrubs on the site and provide
additional landscaping to protect adjoining properties from views into the
facility.
C. Criteria 2(C) requires an applicant where possible to co-locate, attach the
antennas on an alternative structure, or develop an alternative site with
decreased visual effects. No cellular towers are located in the vicinity, and
the applicant unsuccessfully attempted to locate the tower atop a Puget
Sound Energy power pole. The proposed site protects views from adjacent
properties to the maximum extent feasible, and no other locations within the
underlying parcel will lessen the visual affects. Within the small search ring
the applicant found a willing owner of a commercial parcel which provided
reasonable screening.
16. Section 18.40.530(1) JCC sets forth approval criteria for all conditional uses listed in
Table 3-1 in JCC 18.15.040 to include WCF's. Findings on applicable criteria are
hereby made as follows:
A. As found in evaluating the WCF design standards the proposed conditional
use is harmonious and appropriate in design character and appearance with
development in the vicinity and with the physical characteristics of the parcel.
B. Adequate infrastructure including roads, fire protection, water, wastewater
disposal, and stormwater control will serve the project. The WCF will access
through the Napa Auto Parts Store parking lot from SR-19 and will generate
approximately one vehicle trip per month. Since the applicant proposes an
unmanned facility, the project will have no water service or wastewater
disposal, and the building permit process will address stormwater control.
C. The conditional use will not materially detrimentally impact uses or property
in the vicinity of the subject parcel for the reasons set forth above.
D. The conditional use will not introduce noise, smoke, dust, fumes, vibrations,
odors, or other conditions and will not unreasonably impact existing uses in
9X
the vicinity. The pro ject m ust m eet all C ounty, State, and Federal
requirem ents regarding such standards.
E. T he location of screening vegetation fo r the conditional use w ill not
unr easonably interfere w ith allow able developm ent or use of neighboring
pro pert ies.
F. A s previously fo und, the site w ill generate appro xim ately one vehicle trip per
m onth and w ill not create hazards fo r existing and anticipated traff ic in the
vicinity.
G . C onditions of approval ensure that the conditional use com plies w ith all
applicable criteria and standards of the JC C and any other applicable local,
State, or Federal law . C onditions also ensure that the project w ill confo rm to
the standards set fo rth in C hapters 18.20 and 18.30 JC C .
H . The proposed conditional use perm it does not allow siting of an incom patible
use adjacent to an airport or airf ield. A s previously fo und, the FAA has
appro ved the tow er location and w ill require neither stripping nor lighting of
the tow er.
I. The conditional use w ill not cause significant adverse im pacts on the hum an
or natural enviro nm ents that cannot be m itigated thro ugh conditions of
approval. A s previously fo und, the tow er m ust m eet the requirem ents of the
T elecom m unications A ct of 1996 to incl ude its em ission standards.
J. The conditional use has m erit and value fo r the com m unity as a w hole as it
w ill pro vide cellular phone serv ice in an area either not serv ed or
underserv ed by T -M obile as encouraged by the com prehensive plan.
K . A s previously fo und, the com prehensive plan encourages the
accom m odation of telecom m unication technologies and the pro m otion of
w idespread availability of telecom m unication technologies.
L. The public interest will suffer no substantial detrimental effect. The
comprehensive plan and JCC have considered the cumulative effect of
additional WCFs in the area and strongly encourage co-location of additional
providers on an existing cellular monopole.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The request for a conditional use permit to allow construction of a wireless
10X
c o m m u n ic a t io n s fa c ility is c o n s is te n t w ith th e J e ffe rs o n C o u n ty C o m p r e h e n s iv e P la n
a n d s a t is fi e s a ll c r ite r ia s e t fo rt h in th e J e ffe r s o n C o u n ty C o d e . C o n d it io n s o f
a p p r o v a l re q u ir e c o m p lia n c e w ith a ll C o u n ty , S t a te , a n d F e d e r a l re g u la t io n s
g o v e rn in g w ir e le s s c o m m u n ic a t io n fa c ilit ie s . T h e p ro je c t a ls o s a t is fi e s a ll d e s ig n
c r ite r ia s e t fo rt h in C h a p te r 1 8 .4 2 J C C a n d a ll c o n d it io n a l u s e c rite r ia s e t fo rt h in
S e c tio n 1 8 .4 0 .5 3 0 J C C .
3 . T h e c o n d it io n a l u s e p e r m it s h o u ld b e a p p ro v e d s u b je c t to th e fo ll o w in g c o n d it io n s :
1 . A b u ild in g p e r m it s h a ll b e re q u ir e d fo r c o n s tr u c tio n o f th e 1 5 0 fo o t m o n o p o le to w e r
a n d a s s o c ia te d e q u ip m e n t a n d fa c ili ty s t r u c tu r e s .
2 . T h e p ro je c t s h a ll c o m p ly w it h C o n s t r u c tio n S to r m w a te r P o ll u t io n P r e v e n t io n
(S W P P ) E le m e n ts #1 th ro u g h #1 2 o f th e D e p a rt m e n t o f E c o lo g y 's S to r m w a te r
M a n a g e m e n t M a n u a l fo r W e s te rn W a s h in g t o n to c o n t ro l s to r m w a te r , e ro s io n a n d
s e d im e n t d u r in g c o n s tr u c tio n . B M P s s h a ll a d d r e s s p e r m a n e n t m e a s u r e s to
s ta b iliz e s o il e x p o s e d d u r in g c o n s tr u c tio n , a n d in th e d e s ig n a n d o p e r a t io n o f
s to r m w a te r a n d d r a in a g e c o n t ro l s y s te m s .
3 . N o b u ild in g p e r m it s h a ll b e is s u e d fo r a n y u s e in v o lv e d in a n a p p lic a t io n fo r
a p p ro v a l fo r a c o n d it io n a l u s e p e r m it u n til th e c o n d itio n a l u s e p e r m it is a p p ro v e d
a n d b e c o m e s e ff e c tiv e .
4 . A c o n d it io n a l u s e p e r m it a u to m a t ic a ll y e x p ir e s a n d b e c o m e s v o id if th e a p p lic a n t
fa ils to fi le fo r a b u ild in g p e r m it o r o th e r n e c e s s a ry d e v e lo p m e n t p e r m it w it h in th r e e
(3 ) y e a r s o f th e e ff e c tiv e d a te (th e d a te o f th e d e c is io n g r a n t in g th e p e r m it ) o f th e
p e r m it u n le s s th e p e r m it a p p ro v a l p ro v id e s fo r a g r e a te r p e r io d o f tim e .
5 . E x te n s io n s to th e d u r a t io n o f th e o r ig in a l p e r m it a p p ro v a l a re p ro h ib ite d .
6 . T h e D e p a rt m e n t o f C o m m u n ity D e v e lo p m e n t s h a ll n o t b e re s p o n s ib le fo r n o tify in g
th e a p p lic a n t o f a n im p e n d in g e x p ir a t io n .
7 . T h e c o u n ty m a y m o d ify a n a p p ro v e d c o n d itio n a l u s e p e r m it a s fo ll o w s : th e c o u n ty
m a y d e le te , m o d ify o r im p o s e a d d itio n a l c o n d it io n s u p o n fi n d in g th a t th e u s e fo r
w h ic h th e a p p r o v a l w a s g r a n te d h a s b e e n in te n s ifi e d , c h a n g e d o r m o d ifi e d b y th e
p r o p e rt y o w n e r o r b y p e r s o n (s ) w h o c o n t r o l th e p ro p e rt y w it h o u t a p p ro v a l s o a s to
s ig n ifi c a n tl y im p a c t s u r ro u n d in g la n d u s e s . A m o d if ic a tio n w ill b e p r o c e s s e d a s a
T y p e II la n d u s e d e c is io n p u r s u a n t to J C C 1 8 .4 0 A rt icl e IV , P ro je c t R e v ie w a n d
A p p ro v a l, o f th is C o d e .
8 . A c o n d it io n a l u s e p e r m it g r a n te d u n d e r th is J C C 1 8 .4 0 A rt ic le V III, C o n d it io n a l
U s e s , s h a ll c o n t in u e to b e v a lid u p o n a c h a n g e o f o w n e r s h ip o f th e s ite , b u s in e s s ,
s e rv ic e , u s e o r s tr u c tu r e th a t w a s th e s u b je c t o f th e p e r m it a p p lic a t io n . N o o th e r
u s e is a ll o w e d w it h o u t a p p ro v a l o f a n a d d it io n a l c o n d itio n a l u s e p e r m it.
1 1 X
9. The County may suspend or revoke an approved conditional use permit pursuant
to JCC 18.50 of this Code only upon finding that:
a. The use for which the approval was granted has been abandoned for a
period of at least one (1) year;
b. Approval of the permit was obtained by misrepresentation of material fact;
or
c. The permit is being exercised contrary to the terms of approval
1 0. In appropriate circumstances, the Administrator may require a reasonable
performance or maintenance assurance device, in a form acceptable to the county
prosecutor, to assure compliance with the provisions of this Code and the
conditional use permit as approved.
11. Wireless communications facilities including attached or co-located antennas,
towers, and equipment enclosures shall be painted a non-reflective color that
blends with the surroundings. Appropriate colors may include earth tones and
muted grays, blues, and greens in broken patterns.
12. Tower lighting shall not be allowed except as required by the FAA.
13. Minimum setback for the proposed tower from parcel boundaries or edge of
easements, whichever is less, is 30 feet as approved by the Hearing Examiner
under JCC 18.42.090(1 )(d).
14. Wireless facility towers and accessory equipment shall be enclosed by a minimum
six feet high security fence, as required for public safety.
15. Noise generated by a wireless facility shall not exceed the maximum
environmental noise levels set forth in Chapter 173-60, Washington Administrative
Code, as it is now in effect or hereafter amended
16. The applicant shall submit a "Screen -A" type landscaping plan as part of building
permit review and approval.
17. Existing vegetation that conceals or screens a proposed facility from view
(including antennas, towers, and equipment enclosures) shall be preserved to the
greatest extent feasible consistent with the operation of the facility. If existing
vegetation is not adequate to screen the facility, additional vegetation shall be
planted in order to adequately screen the facility. For all screening, the use of
trees with significant height and fullness upon maturity shall be required.
18. If it is not possible to achieve adequate screening by preserving vegetation on the
site, the wireless facility provider shall lease or secure an easement for additional
land to preserve existing significant vegetation or to allow the planting of additional
12X
v e g e ta t io n .
1 9 . S e c u r ity lig h t in g fo r e q u ip m e n t e n c lo s u re s s h a ll b e m in im iz e d . It s h a ll b e o rie n te d
d o w n w a r d a n d s h ie ld e d s o th a t th e lig h t fa ll s o n ly w ith in th e b o u n d a r ie s o f th e
p ro p e rt y a n d s h a ll b e trig g e r e d o n ly b y a m o tio n s e n s o r .
2 0 . S ig n s , s y m b o ls , fla g s , b a n n e r s o r o th e r d e v ic e s s h a ll n o t b e a tt a c h e d to o r p a in te d
o r in s c r ib e d u p o n a n y to w e r o r a n te n n a , p ro v id e d th a t th e fla g s o f th e U n ite d
S ta te s a n d th e S ta te o f W a s h in g to n m a y b e flo w n fr o m to w e rs a n d a n te n n a s
d is g u is e d a s fl a g p o le s . A te le p h o n e n u m b e r a n d p e r s o n to c a ll fo r in fo rm a tio n o r
in th e e v e n t o f a n e m e rg e n c y s h a ll b e p o s te d a t th e s ite .
2 1 . T h e p ro v id e r a n d c o -a p p lic a n ts s h a ll p ro te c t th e fa c ility fr o m u n a u th o r iz e d a c c e s s
c o n s is te n t w it h th e p u r p o s e o f p ro te c tin g th e p u b lic h e a lth , s a fe ty a n d w e lfa re . T h e
p ro v id e r a n d c o -a p p lic a n ts s h a ll m a in ta in th e fa c ili ty in a g o o d a n d s a fe c o n d itio n
a n d p r e s e rv e its o r ig in a l a p p e a r a n c e a n d c o n c e a lm e n t o r c a m o u fla g e e le m e n ts
in c o r p o r a te d in to th e d e s ig n a t th e tim e o f a p p ro v a l. S u c h m a in te n a n c e s h a ll
in c lu d e , b u t n o t b e lim ite d to , p a in t in g , s tru c tu r a l re p a ir , re p a ir o f e q u ip m e n t a n d
m a in te n a n c e o f la n d s c a p in g .
2 2 .A la n d u s e p e r m it fo r a w ir e le s s fa c ility s h a ll a u to m a tic a lly e x p ire a n d b e c o m e v o id
if th e a p p lic a n t fa ils to o b ta in a b u ild in g p e rm it w ith in o n e y e a r o f th e e ff e c tiv e d a te
o f th e p e r m it. T h e D ire c to r m a y e x te n d th e p e rm it fo r a p e r io d o f o n e y e a r,
p r o v id e d th a t th e a p p lic a n t fi le s a w ritte n re q u e s t fo r e x te n s io n n o t le s s th a n 6 0
d a y s p r io r to th e e x p ir a t io n th a t s p e c ifi e s g o o d c a u s e fo r th e e x te n s io n .
2 3 . If a p ro v id e r tr a n s fe r s , a s s ig n s , o r s u b le a s e s a w ire le s s c o m m u n ic a tio n fa c ility ,
a c o p y o f th e la n d u s e a g r e e m e n t a n d F C C lic e n s e s h a ll b e s u b m itt e d in w ritin g
to th e D ir e c to r , a s w e ll a s th e n a m e a n d te le p h o n e n u m b e r o f a p e rs o n
re s p o n s ib le fo r th e fa c ility , w h o is c a p a b le o f re s p o n d in g im m e d ia te ly .
2 4 . E a c h p e r m it g r a n te d p u r s u a n t to th is c h a p te r is c o n d itio n e d o n th e re q u ire m e n t
th a t th e p e r m itt e e re im b u r s e th e C o u n ty fo r a ll d ir e c t a n d in d ire c t e x p e n s e s
re a s o n a b ly in c u r re d re la te d to th e a p p lic a tio n re v ie w o r to th e m o d ifi c a tio n o r
a m e n d m e n t o f th e p e r m it.
2 5 . A w ir e le s s c o m m u n ic a tio n fa c ility w h ic h h a s b e e n u n u s e d fo r a p e r io d o f 18 0
c o n s e c u t iv e d a y s is h e r e b y d e cl a r e d a b a n d o n e d . A b a n d o n e d fa c ilitie s s h a ll b e
re m o v e d b y th e p ro p e rt y o w n e r w it h in 1 8 0 d a y s fr o m d a te o f a b a n d o n m e n t.
F a ilu r e to re m o v e a n a b a n d o n e d fa c ility s h a ll b e c o n s id e re d a p u b lic n u is a n c e
s u b je c t to p e n a lt ie s . U p o n w r itt e n a p p lic a tio n , p rio r to th e e x p ira tio n o f th e 18 0
d a y p e r io d , th e D ir e c to r s h a ll in w r it in g g r a n t a 1 8 0 d a y e x te n s io n fo r re u s e o f
th e fa c ility . A d d it io n a l e x te n s io n s b e y o n d th e fi r s t 18 0 d a y e x te n s io n m a y b e
g r a n te d b y th e D ir e c to r , s u b je c t to a n y c o n d itio n s re q u ire d to b rin g th e p ro je c t
o r fa c ility in to c o m p lia n c e w ith c u r re n t la w (s ) a n d m a k e it c o m p a tib le w ith
1 3 X
surro unding developm ent.
2 6. If an abandoned facility is not removed within 180 days or a longer period of time
d e te rm in e d in w ritin g b y the Director, the County shall have the authority to enter
the property and rem ove the facilities. All reasonable and docum ented costs of
such removal shall be charged to the pro vider and/or landowner of record.
27.A recorded surv ey of the pro posed tower site shall be submitted to Jefferson
County Department of Community Developm ent prior to final building
inspection.
28. The applicant shall pro vide to Jefferson County Department of Com munity
Developm ent the nam e and telephone number of a person responsible for the
facility, capable of responding immediately.
29. The applicant shall subm it a noise report prior to final building inspection.
DECISION:
The request for a conditional use permit to allow construction of an unmanned, 150 foot tall,
monopole cellular communications tower with a three sector antenna array at the top and
ground level equipment cabinets within a 40 foot by 50 foot leased area at a site located at
11526 SR-19, Port Hadlock, is hereby granted subject to the conditions contained in the
conclusions above.
ORDERED this 25th day of May, 2007.
STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
14X
J E F F E R S O N C O U N T Y
D E P A R T M E N T O F C O M M U N IT Y D E V E L O P M E N T
621 Sheridan Street
Port Townsend, WA 98368
Al Scalf, Director
STAFF RE PORT
TO
JE FFERSON COUN TY HE ARIN G EXA MINE R
RE : Conditional Use Permit Application )
File No: ZON06-00061 - M LA06-00669 )
Applicant(s): Pacific Telecom - Matt Englesby )
PROPOSED FIND IN GS
CONCLUSIONS, AND
RE COMME ND ATIONS
SUMMAR Y OF AP PLICATION AND RE COMME ND ATION:
Proposal: The proposal is to construct a new un-manned 150 foot monopole cell tower with 3 sector
antenna array and equipment cabinets within a 40 x 50 foot leased and fenced area in a General
Commercial Crossroads zone. This proposal requires a Type III Conditional Use permit review
procedure and the appropriate Wireless Communications Facility Design Review Standards set forth in
Section 18.42.090 of the Jefferson County Wireless Telecommunication Facilities Ordinance and Title
18.42.090 of the Jefferson County Code. The applicant has requested a waiver from the required 95 foot
side yard and 110 foot rear yard setbacks under JCC 18.42.090(1)(d). Public notice and a public hearing
are required. Review under the State Environmental Policy Act (SEPA) is required per WAC 197-11-
800(25)(iii). A Non-Ionizing Electromagnetic Exposure Analysis has been submitted to demonstrate
compliance with FCC Guidelines for Human Exposure to Radio Frequency (RF) Electromagnetic Fields.
The FAA has issued a determination of no hazard to air navigation. This proposal will require a license
from the FCC. State and local agencies have been asked to review and comment on the proposal.
Recommendation:
Project Planner:
Approval with Conditions
David Wayne Johnson, Associate Planner
BACKGROUND INF ORMA TION:
Property Owner:
Applicants:
Representative:
Steve St. Clair dba Scram LLC
PO Box 89
Port Hadlock, WA 98339
Pacific Telecom
568 1st Ave S. #650
Seattle, WA 98103
Matt Englesby
Parcel Legal Description: Parcel number 994 200 043, Seventh Ave Acre Tracts lots 152, 153{n of rd),
159(all) & lot 160 (Is w 50') Is rd, in Section 3, Township 29, Range 01 West, WM, located at 11526 SR
19 Port Hadlock, WA, 98339
Building Permits/ Inspections
(360) 379-4450
Development Review Division Long Range Planning
FAX: (360) 379-4451
ZON06-0006 l • MLA06-00669
Scram T-mobile Conditional Use Permit Application
Page 2 of 14
Site Conditions: The subject parcel encompasses approximately 1.64 acres and is square in
configuration. The site is currently developed with a 13,419 square foot commercial building, paved
parking areas, and landscaped perimeters. The site is zoned General Commercial Crossroads and is
situated along a minor arterial of the state, SR19, is flat in topography, and within a Special Aquifer
Recharge Protection Area. The parcel contains non-native grass, shrubs and immature native coniferous
trees. Adjacent properties are vegetated with mature evergreen and deciduous tree species native to the
area.
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan design ates the
subject parcel as "General Crossroads" commercial use zone.
Site Visit: Jefferson County Development Review staff conducted a site visit January 29, 2007.
DATE OF APPLICATION: A Conditional Use Perm it application (MLA06-00669 - ZON06-00061)
was submitted December 14, 2006 and determ ined substantially complete Jan uary 4, 2007.
STATE ENVIRONMENTAL POLICY ACT (SEPA): This proposal was reviewed under the State
Environmental Policy Act (SEPA), utilizing the Optional DNS process. A Determ ination of Non-
Sign ificance (DNS) was issued March 23, 2007 and the Notice of the SEPA threshold determ ination was
combined with the Notice of Public Hearing. No appeals have been received for the SEPA threshold
determ ination.
JEFFERSON COUNTY DEVELOPMENT APPROVALS AND PERMITS REQUIRED:
• Jefferson County Unified Development Code
APPLICABLE JEFFERSON COUNTY ORDINANCES:
• Jefferson County Comprehensive Plan, adopted August 28, 1998
• Jefferson County Code, 1995
• Jefferson County Unified Development Code (UDC), adopted December 18, 20 00, effective
January 16, 2001
• State Environm ental Policy Act per JCC Chapter 18.40.
NOTICE REQUIREMENTS:
Public Notice was published in the Port Townsend-Jefferson County Leader newspaper:
• Notice of Type III Land Use Application and Pending SEPA Determ ination: January 10, 2007.
(Refer to Exhibit 12).
• Notice of Pu blic Hearing and SEPA Threshold Determ ination: April 11, 2007. (Refer to Exh ibit
19.)
• Public hearing date: April 27, 2007.
Notice was posted on the property by the applicant/representative:
• Notice of Type III Land Use Application and Pending SEPA Determ ination: January 10, 2007.
(Refer to Exhibit 12).
• Affidavit of Posting for Notice of Public Hearing and SEPA Threshold Determ ination: April 11,
2007. (Refer to Exh ibit 19.)
The applicant, the owner of subject property and property owners within 300 feet were notified by mail:
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• Notice of Type III Land Use Application and Pending SEPA Determination: January 11, 2007.
(Refer to Exhibit 12.)
• Notice of Public Hearing and SEPA Threshold Determination: April 11, 2007. (Refer to Exhibit
s 19.)
COMM ENT:
Public Response:
As of January 25, 2007, no written or verbal responses were received from adjacent property owners or
interested parties.
Agency Response:
As of January 27, 2007, no written or verbal responses were received from Federal, State or Local
agencies.
PROPO SED FIND IN GS, CO NCLUSIONS AND RE COMME DATIONS:
The following section constitutes staffs findings and conclusions regarding the applicant's consistency
with the Jefferson County Comprehensive Plan, the Unified Development Code, and the Jefferson County
Shoreline Management Master Program. Following these findings and conclusions are a series of
conditions recommended for consideration by the Hearing Examiner. Any of the findings, conclusions
and recommendations may be adopted, rejected, or modified by the Hearing Examiner based on testimony
or evidence presented during the course of review.
1. The project site consists of one parcel legally described as parcel number (APN) 994 200 043,
Seventh Ave Acre Tracts lots 152, 153(n of rd), 159(all) & lot 160 (Is w 50') Is rd, in Section 3,
Township 29, Range 01 West, WM, located at 11526 SR 19 Port Hadlock, WA, 98339
2. One address exists for this parcel, APN 801 112 002. Cases on record for this parcel are: PRE03-
00016 a Pre-application Conference to construct a pre-engineered metal building finaled on April 23,
2003; BLD03-00160 a Stormwater Management Permit to clear the lot for construction of a metal
building and finaled on May 30, 2007; SEP03-00062 a Septic Permit finaled on December 12, 2003;
RAP03-00222 a Road Approach Permit to open a portion of Holman Road right-of-way case closed
September 23, 2007; BLD03-00389 Building Permit to construction a new auto parts store finaled
December 24, 2003; BLD05-00388 Building Permit for a fireworks stand finaled July 12, 2005;
BLD06-00360 Building Permit for a fireworks stand finaled July 7, 2006; PRE06-00045 Pre-
application Conference to construct a 150 monopole cellular telecommunication tower finaled
November 3, 2006.
3. The proposal is to construct a new un-manned 150 foot monopole cell tower with 3 sector antenna
array and equipment cabinets within a 40 x 50 foot leased and fenced area in a General Commercial
Crossroads zone. This proposal requires a Type III Conditional Use permit review procedure and the
appropriate Wireless Communications Facility Design Review Standards set forth in Section
18.42.090 of the Jefferson County Wireless Telecommunication Facilities Ordinance and Title
18.42.090 of the Jefferson County Code.
4. The pertinent C om prehensive Plan goals and policies are as follows:
Goal UTG 8.0: Accommodate telecommunication technologies and service providers by allowing
systems development consistent with the Comprehensive Plan.
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Policy UTP 8.1: Promote the widespread availability of telecommunications technologies in
cooperation with other public and private entities, to facilitate communication among
members of the public, public institutions and businesses.
Policy UTP 8.2: Require consolidation of antenna siting, transmission media, utility pole, and
trenching placement to minimize adverse aesthetic and environmental impacts.
Staff Comment: The Jefferson County Unified Development Code has established implementing
criteria to accommodate telecommunication technologies and service providers for
allowing systems development consistent with the Comprehensive Plan. Section
18.42.090 of the Jefferson County Wireless Telecommunication Facilities Ordinance and
Title 18.42.090 of the Jefferson County Code identify the appropriate type of review,
design review standards for wireless telecommunication facilities. Additional review
criteria for a Type III Conditional Use is located under JCC 18.40.520. Consolidation to
minimize adverse aesthetic and environmental impacts is addressed in Sections
18.42.060, Colocation Policy, and 18.42.070, Colocation Procedure.
Jefferson County Unified Development Code: The proposal is subject to review to determine
consistency with the Jefferson County Unified Development Code. JCC 18.40.530 - Approval Criteria
for All Conditional Uses is discussed below.
5. The conditional use is harmonious and appropriate in design, character and appearance with the
existing or intended character and quality of development in the vicinity of the subject property and
with the physical characteristics of the subject property;
Staff Comment: The proposed tower is to be located next to an off-site stand of tall evergreen trees
which shall reduce the visual impacts to residential properties to the north and northwest. The
monopole is proposed to be painted dark green to help blend with the surroundings. Notice of the
Pending Application was sent to Adjacent Property owners, agencies and the official publication for
the county. No comments were received. Design review standards are addressed in Section
18.42.090 of the Jefferson County Wireless Telecommunication Facilities Ordinance. Refer to
Findings 25 - 46 for analysis of the design review standards. Subject to condition, the proposal
complies with the density and dimensional standards. The proposal is consistent with this criterion.
6. The conditional use will be served by adequate infrastructure including roads, fire protection, water,
wastewater disposal, and storm water control;
Staff Comment: Rhody Prive a State Highway designated as State Route 19 provides adequate
access to this parcel. Neither Jefferson County Fire Protection District# I nor Jefferson County
Department of Public Works commented on this proposal regarding fire protection service to this
parcel and storm water control. No water or wastewater disposal facilities are proposed for this
facility. The Jefferson County Unified Development Code requires all new development conform to
the standards and minimum requirements set by the most current version of the Washington
Department of Ecology Stormwater Management Manual for Western Washington (SMM ). The
proposal is consistent with this criterion.
7. The conditional use will not be materially detrimental to uses or property in the vicinity of the subject
parcel;
Staff Comment: Screening through vegetation retention and fencing should minimize visual impact
to neighboring parcels. Compliance with design review standards should prevent the proposal from
being materially detrimental to uses or property in the vicinity of the subject parcel. The proposal is
consistent with this criterion;
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8. The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
Staff Comment: Construction activities will contribute to temporary impacts to existing uses in the
vicinity of the parcel. There would be very minimal noise created from a generator within the
equipment cabinets and will be below State and Federal noise standards. Ongoing impacts will be
minimal and will not unreasonable impact existing uses in the vicinity of the subject parcel. The
proposal is consistent with this criterion.
9. The location, size, and height of buildings, structures, walls and fences, and screening vegetation/or
the conditional use will not unreasonably interfere with allowable development or use of neighboring
properties;
Staff Comment: SEP A review relating to Aesthetics concluded no significant adverse impact will
result from this proposal. The proposed structure will meet the applicable development standards for
location, height and screening and will not unreasonable interfere with allowable development or use
of neighboring properties. The proposal is consistent with this criterion.
10. The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to
existing and anticipated traffic in the vicinity of the subject parcel;
Staff Comment: Rhody drive currently provides access to the site. After construction, technicians
will visit the site less than once a month unless an emergency requires more frequent site visits. The
facility will be unmanned with no pedestrian traffic. The proposal is consistent with this criterion.
11. The conditional use complies with all other applicable criteria and standards of this Code and any
other applicable local, state or federal law ; and more specifi cally, conforms to the standards
contained in JCC 18.20 & 18.30 of this Code; .
Staff Comment: JCC 18.20 & 18.30 ofthe UDC identifies performance and use standards which are
reviewed through the Jefferson County Wireless Communications Facilities Ordinance. See policy
review under Section 18.42.90.
12. JCC 18.30 establishes provisions to set criteria associated with the development and redevelopment
of land to achieve the goals and policies of the Jefferson County Comprehensive Plan. Applicable
development standards from Section 6 are as follows:
JCC 18.30.030 Water Supplies: No water supply is proposed or required for this proposal.
JCC 18.30.040 Sewage Disposal: No sewage disposal system is proposed or required for this
proposal.
JCC 18.30.060 Grading and Excavation Standards & 070 Stormwater Management Standards:
The proposal includes the creation of approximately 300 square feet of impervious surface and
2000 square feet of land disturbing activity. JCC 18.30.060 & 070 of the Jefferson County
Unified Development Code requires the proposal comply with Minimum Requirement #2
(Construction Stormwater Pollution Prevention) of the Department of Ecology Stonnwater
Management Manual for Western Washington to control Stormwater, erosion and sediment
during construction. BMPs shall address permanent measures to stabilize soil exposed during
construction, and in the design and operation of stonnwater and drainage control systems. As
proposed and conditioned, the proposal is consistent with this criterion.
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JCC 18.30.080 Roads: Rhody Drive provides access to this parcel. Road approach permits are
existing and are not necessary for the proposal.
JCC 18.30.100 Parking: The facility is unmanned and does not require formal parking spaces.
The off-street parking requirement is met as the tower compound shares a large parking area with
the on-site auto parts store. The proposal is consistent with this criterion.
JCC 18.30.150 Signs: No signs are proposed. The proposal is consistent with this criterion.
13. The proposed conditional use will not result in the siting of an incompatible use adjacent to an
airport or airfield;
Staff Comment: The proposed conditional use is within one mile of an airport or airfield. The
Federal Aviation Administration has issued a determination that the proposed structure does not
exceed obstruction standards and would not be a hazard to air navigation. The proposal is consistent
with this criterion.
14. The conditional use will not cause significant adverse impacts on the human or natural environments
that cannot be mitigated through conditions of approval;
Staff Comment: SEP A review identified no significant impacts on the human or natural environment
that cannot be mitigated through conditions of approval. The proposal is consistent with this
criterion.
15. The conditional use has merit and value for the community as a whole;
Staff Comment: The proposed facility will increase telecommunication coverage for the area and will
be integrated with the local emergency response system. The proposal is consistent with this
criterion. ·
16. The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan;
Staff Comment: As stated above in Finding #4, the proposal is consistent with the Jefferson County
Comprehensive Plan. The proposal is consistent with this criterion.
17. The public interest suffers no substantial detrimental effect. Consideration shall be given to the
cumulative effect of similar actions in the area;
Staff Comment: Previous findings and SEPA review have identified no substantial detrimental effect
resulting from this proposal. Similar actions in the area would require consistency with the design
review standards identified in UDC 18.42.090 and subject to the applicable review process. Said
actions would also be subject to the collocation requirements identified in Sections 18.42.060,
Co location Policy, and 18.42.070, Co location Procedure. The cumulative effect of such actions
would not pose a substantial detrimental effect to the public interest, as each application would be
subject to individual review. The proposal is consistent with this criterion. ·
18. JCC 18.40.540, Additional Conditions states, "The County may impose additional conditions on a
particular use if it is deemed necessary for the protection of the surrounding properties, the
neighborhood, or the general welfare of the public."
Staff Comment: No unmitigated adverse impacts have been identified, and no additional conditions
have been deemed necessary for this proposal. The proposal is consistent with this criterion.
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19. JCC 18.40.550, Use of Property Before Final Decision states, "No building permit shall be issued
for any use involved in an application for approval for a conditional use permit until the conditional
use permit is approved and becomes effective. "
Staff Comment: As conditioned, the proposal is consistent with this criterion.
20. JCC 18.40.560, Effective Period - Expiration states the following:
a) A conditional use permit automatically expires and becomes void if the applicant fails to file
for a building permit or other necessary development permit within three (3) years of the
effective date (the date of the decision granting the permit) of the permit unless the permit
approval provides for a greater period of time.
b) Extensions to the duration of the original permit approval are prohibited
c) The Department of Community Development shall not be responsible for notifying the
applicant of an impending expiration.
Staff Comment: The time limitation requirements set forth in Section 18.42.100 are more restrictive
than this section. Refer to findings # 44 and 45
21. JCC 18,40.570, Modification of a Conditional Use Permit states, "The county may modify an
approved conditional use permit as follows: the county may delete, modify or impose additional
conditions upon finding that the use for which the approval was granted has been intensified,
changed or modified by the property owner or by person(s) who control the property without
approval so as to significantly impact surrounding land uses. A modification will be processed as a
Type II land use decision pursuant to Section 8.4.2 of this Code."
Staff Comment: As conditioned, the proposal is consistent with this criterion.
22. JCC 18.40.580, Conditional Use Permit to Run with the Land states, "A conditional use permit
granted under this Section 8.8 shall continue to be valid upon a change of ownership of the site,
business, service, use or structure that was the subject of the permit application. No other use is
allowed without approval of an additional conditional use permit. "
Staff Comment: As conditioned, the proposal is consistent with this criterion.
23. JCC 18.40.590, Permit Suspension or Revocation states, "The County may suspend or revoke an
approved conditional use permit pursuant to Section JO of this Code only upon.finding that:
a. The use for which the approval was granted has been abandoned for a period of at least one (1)
year;
b. Approval of the permit was obtained by misrepresentation of material fact; or
c. The permit is being exercised contrary to the terms of approval. "
Staff Comment: As conditioned, the proposal is consistent with this criterion.
24. JCC 18.40.600, Assurance Device states, "In appropriate circumstances, the Administrator may
require a reasonable performance or maintenance assurance device, in a form acceptable to the
county prosecutor, to assure compliance with the provisions of this Code and the conditional use
permit as approved. "
Staff Comment: As conditioned, the proposal is consistent with this criterion.
Wireless Communications Facilities Ordinance No 06-0712-99 Design Standards:
25. Section 18.42.090 Design Review Standard (l)(a): Wireless communications facilities including
attached or colocated antennas, towers, and equipment enclosures shall be painted a non-reflective
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color that blends with the surroundings. Appropriate colors may include earth tones and muted
grays, blues, and greens in broken patterns.
Staff C om m ent: The proposed tower will be painted dark green to blend with the surrounding trees.
A s pro posed and subject to condition, the proposal will be in conformance with this design standard.
26. Section 18.42.090 Design Review Standard (l)(b): Tower Spacing. New wireless facility towers
shall not be allowed within 2,000 feet of an existing tower, unless the applicant demonstrates through
the Colocation Procedure set forth in Section 18.42.070 that colocation on the existing tower is not
feasible. Such demonstration shall include but not be limited to a structural analysis of the existing
tower provided by a structural engineer licensed in the State of Washington.
Staff Com m ent: The pro posal w ill be located m ore than 2,000 feet fr om any existing tow er. The
applican t pro vided letters to Jefferson C ounty dem onstrating the notice in Section 18.4 2.070 was sent
to other w ireless pro viders licensed to pro vide serv ice w ithin Jefferson C ounty . R efe r to Exh ibit #10.
N o responses w ere received. The pro posal is consistent with this design standar d.
27. Section 18.42.090 Design Review Standard (l)(c): Tower lighting shall not be allowed except as
required by the FAA.
Staff Com m ent: Subject to condition, th e proposa l is consistent w ith this design standard.
28. Section 18.42.090 Design Review Standard (l)(d): Setbacks. Fo r all new tow ers that are 60 feet or
less in heigh t, the standard setbacks of the underlying zone shall apply. For all new tow ers that are
gr eater than 60 feet in heigh t, th e stan dar d setbacks of the applicable zo ne shall be increased by one
fo ot fo r every one fo ot of additional height above 60 feet, pro vided that this requirem ent m ay be
waived by the Direc tor or H eari ng Exam iner, as appro priate, bas ed on a finding that lesser setbacks
and/or the use of additional screening are adequate to am eliorate aesthetic and visual im pacts. A ll
equipm ent shelters shall com ply with setbacks of th e applicable zone.
Staff Com m ent: The applicant has requested a w aiver from this requirem ent based upon the
fo llow in g the fo llow ing s:
1) The pro posed location of the facility as a w hole w ill exceed the basic setback requirem ents
of the underlying zo ne. The pro posed facili ty is located 40' fr om rear an d 30' fr om side
pro perty lines.
2) The proposed location does least im pact to whole parcel, w hereas if the 40' x 50' com pound
w ere located to m eet l 00' tow er setback the location w ould block ingr ess and egr ess of
property .
3) The proposed location w ill not affect traffi c flow or affect parking spaces fo r neigh borhood
businesses.
4) The pro posed location w ill not affect the landlord's use of pro perty .
5) The proposed location is set fu rt her away fr om H wy 19 than required setback location,
resulting in a less visual im pact fo r pedestr ians and high w ay traffi c.
Sta ff agr ees that the location and setbacks as pro posed is suffi cient to am eliora te aesth etic an d visual
im pacts as long as suffi cient screening is provided.
29. Section 18.42.090 Design Review Standard (l)(e): Fencing and Security. Wireless facility towers
and accessory equipment shall be enclosed by a minimum six feet high security fence, as required for
public safety.
Sta ff C om m ent: A six-fo ot security fence is pro posed fo r the facili ty . As pro posed and subject to
condition, th e proposal will be in confo rm ance with this design sta ndard.
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30. Section 18.42.090 Design Review Standard (l)(t)(i): Ground mounted equipment enclosures shall
be the smallest size practicable.
Staff Comment: Equipment cabinets measuring 15 feet x 20 feet in size is proposed for the facility.
The cabinets will be located within the 40 foot by 50 foot tower compound leased area. As proposed
and subject to condition, the proposal will be in conformance with this design standard.
31. Section 18.42.090 Design Review Standard (l)(t)(ii): Equipment enclosures mounted on alternative
structures ...
Staff Comment: The proposal does not include alternative structures. The proposal will be consistent
with this design standard.
32. Section 18.42.090 Design Review Standard (l)(g): Noise generated by a wireless facility shall not
exceed the maximum environmental noise levels set forth in Chapter 173-60, Washington
Administrative Code, as it is now in effect or hereafter amended.
Staff Comment: As proposed and subject to condition, the proposal will be in conformance with this
design standard.
33. Section 18.42.090 Design Review Standard (l)(h)(i): A landscaping plan shall be submitted with all
applications for towers and equipment enclosures in commercial and residential districts and in
agricultural lands. Landscaping shall be placed outside the security fence and shall consist of fast
growing vegetation with a minimum planted height of six feet, placed so as to form a solid hedge
within two years of planting.
Staff Comment: The applicant has not submitted a landscaping plan and is proposing to move
existing trees from inside to outside the fenced leased area. A landscaping plan will need to be
submitted as part of the Building permit application which provides "Screen -A" type landscaping as
described under JCC 18.30.130(3)(a). As conditioned, the proposal is in conformance with this design
standard.
34. Section 18.42.090 Design Review Standard (l)(h)(ii): Existing vegetation that conceals or screens
a proposed facility from view (including antennas, towers, and equipment enclosures) shall be
preserved to the greatest extent feasible consistent with the operation of the facility. If existing
vegetation is not adequate to screen the facility, additional vegetation shall be planted in order to
adequately screen the facility. For all screening, the use of trees with significant height and fullness
upon maturity shall be required.
Staff Comment: Existing tall conifer trees that shall screen the tower from adjacent residential
properties lie in an unopened road right-of-way. Existing trees on-site sufficient to screen the facility
are insufficient in number to achieve the required screening. Additional trees will need to be planted.
As conditioned, the proposal is in conformance with this design standard.
35. Section 18.42.090 Design Review Standard (l)(h)(iii): If it is not possible to achieve adequate
screening by preserving vegetation on the site, the wireless facility provider shall lease or secure an
easement for additional land to preserve existing significant vegetation or to allow the planting of
additional vegetation.
Staff Comment: As conditioned, the proposal will be in conformance with this design standard.
36. Section 18.42.090 Design Review Standard (l)(i): Camouflage, and Concealment. Wireless
communications facilities shall blend with and not disturb the visual character of their settings to the
greatest extent practicable.
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Staff Comment: The site is located adjacent to a tall stand of conifer trees within a wooded area
surrounded by natural vegetation trees. The tower shall be painted a dark green to blend in with the
trees. As conditioned, the proposal is consistent with this design standard. ·
37. Section 18.42.090 Design Review Standard (l)(j): Security lighting for equipment enclosures shall
be minimized It shall be oriented dow nward and shielded so that the light falls only within the
boundaries of the property and sha ll be triggered only by a motion sensor.
Staff Comment: No lighting is proposed. Subject to condition, the proposal will be in conformance
with this design standard.
38. Section 18.42.090 Design Review Standard (l)(k): Sign s an d Symbols: Sign s, symbols, flags,
banners or other devices shall not be attached to or painted or inscribed upon any tower or antenna,
provided that the flags of the United States and the State of Washington may be flown.fr om towers
and antennas disguised as flag poles. A telephone number and person to call for information or in the
event of an em ergency sha ll be posted at the site ..
Staff Comment;' No signs and symbols are proposed for the tower or antennas. The proposal is
consistent with this design standard.
39. Section 18.42.090 Design Review Standard (1)(1): Secur ity and maintenance. The provider and co-
applicants shall protect the facili ty fr om unauthorized access consistent with the purpose of
protecting the public health, safety and welfar e. The provider and co-applicants shall maintain the
facili ty in a good and safe conditio n and preserv e its original appear ance an d concealment or
camouflage elements incorporated into the design at the time of approval. Such maintenance shall
incl ude, but not be limited to, such s as painting, structural repair, repair of equipment and
m aintenance of landscaping.
Staff Comment: A six-foot high security fence is proposed. As proposed and subject to condition,
the proposal will be consistent with this design standard.
40. Section 18.42.090 Design Review Standard (l)(m): Antenna Mounting
Staff Comment: The proposed antenna is not designed to be mounted flush on the exterior wall of a
building or to project above a wall. This design standard is not applicable to this proposal.
Wireless Facility Design Review Standards-C onditional Uses
41. Protecting Points of Visual Interest (2)(a): Views toward the following points of visual interest
fr om residential structures located within 250 feet of a proposed wireless communication facility
subject to conditional use review shall be protected.fr om sign ifi cant degr adation to the gr eatest
extent practicable:
a) Moun tains
b) Marine Waters and Shorelines
c) Public Parks and Sign ifi cant Public Open Spaces
d) Hi storic Stru ctures
The applicant for a conditional us e w ireless communication facili ty shall either demonstrate that
the points of visual interest listed above w ill not be sign ifi cantly degr aded by the proposal or
demonstr ate that a sign ifi cant w ireless telecommunication serv ice can only be provided by
developm ent of the proposed facility.
Staff Comment: No residence is located within 250 feet of the proposed tower. Future residences
could be built within 250 feet, but due to the contour of the land and vegetation on adjacent
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properties, points of visual interest will not be significantly degraded. The proposal is consistent
with this design standard ...
42. Methods for Protecting Points of Visual Interest (2)(b): The following options may be used to
protect the points of visual interest listed above:
a) Use alternative facility design s and locations on the parcel to minimize the
degradation of views from residences to the point of visua l interest.
b) Maintain existing trees an d shrubs on the site and/or provide additional landscaping.
c) Obtain leases or easements for the life of the proposal to protect trees and shrubs on
adjoining properties that will screen the proposed facility or to allow the plan ting of
additional trees and shrubs.
Staff comment: Maintenance of existing and required additional vegetation on site is proposed to
protect visual points of interest. As conditioned, the proposal is in conformance with this standard.
43. In the event that it is not practicable (2)(c): to protect the visual points of interest listed above from
signifi cant degradation, the applicant for a conditional use wireless communications facility shall
minimize the visual effect to the gr eatest extent practicable and shall also demonstrate through
appropriate analysis that:
a) There are no other locations within the same parcel where the visual effects
would be less.
b) Colocation or attachment on an alternative stru cture within the service area
is not feasible.
c) Development on an alternative site with decreas ed visual effects within the
service area is not feasible.
Staff comment: The applicant has complied with the co-location process to find an alternative
existing site and was unsuccessful. The proposed site offers is located to protect views from adjacent
properties to the maximum extent feasible within the parcel area. The proposal is in conformance
with this standard.
44. Section 18.42.100 Time Limitation - Assignment/Sublease (a) A land use permit for a wireless
facility shall automatically expire and become void if the applicant fails to obtain a building permit
within one year of the effective date of the permit. The Director may extend the permit for a period of
one year, provided that the applicantfiles a written request for extension not less than 60 days prior
to the expiration tha t specifies good cause for the extension.
Staff Comment: Subject to condition, the proposal will be in conformance with this standard.
45. Section 18.42.100 Time Limitation - Assignment/Sublease (b): Permit Transferable -
Assignment/Sublease of Permitted Sites. If a provider transfers, assigns, or subleases a wireless
communication facility.
Staff Comment: Subject to condition, the proposal will be in conformance with this standard.
46. Section 18.42.130 Recovery of County costs: Each permit granted pursuant to this chapter is
conditioned on the requirement that the permitee reimburse the County for all direct and indirect
expenses.
Staff Comment: Subject to condition, the proposal will be in conformance with this standard.
STAFF RECOMMENDATION:
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Based on the preceding findings and conclusions, staff recommends finding that the proposal is consistent
with the applicable plans and ordinances and that it meets the Conditional Use review criteria. Approval
of the Conditional Use should be granted subject to the following conditions.
CONDITIONS
1. A building permit shall be required for constru ction of the 150 foot monopole tower and
associated equipment and facility structures.
2. The project shall comply with Construction Stormwater Pollution Prevention (SWP P) Elements
# l through # 12 of the Department of Ecology's Stonnwater Management Manual for Western
Washington to control stonnwater, erosion and sediment during constru ction. BMP s shall
address permanent measures to stabilize soil exposed during constru ction, and in the design and
operation of stormwater and drainage control systems.
3. No building permit shall be issued for any use involved in an application for approval for a
conditional use permit until the conditional use permit is approved and becomes effective.
4. A conditional use permit automatically expires and becomes void if the applicant fails to file
for a building permit or other necessary development permit within three (3) years of the
effective date (the date of the decision granting the permit) of the perm it unless the permit
approval provides for a greater period of time.
5. Extensions to the duration of the original permit approval are prohibited.
6. The Department of Community Development shall not be responsible for notifying the
applicant of an impending expiration.
7. The county may modify an approved conditional use permit as follows: the county may delete,
modify or impose additional conditions upon finding that the use for which the approval was
granted has been intensified, changed or modified by the property own er or by person(s) who
control the property without approval so as to significantly impact surrounding land uses. A
modification will be processed as a Type II land use decision pursuant to JCC 18.40 Article IV,
Project Review and Approval, of this Code.
8. A conditional use permit granted under this JCC 18.40 Article VIII, Conditional Uses, shall
continue to be valid upon a change of own ership of the site, business, service, use or structure
that was the subject of the permit application. No other use is allowed without approval of an
additional conditional use permit.
9. The County may suspend or revoke an approved conditional use perm it pursuant to JCC 18.50
of this Code only upon finding that:
a. The use for which the approval was granted has been abandoned for a period of at least
one ( 1) year;
b. Approval of the permit was obtained by misrepresentation of material fact; or
c. The permit is being exercised contrary to the terms of approval
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10. In appropriate circumstances, the Administrator may require a reasonable performance or
maintenance assurance device, in a form acceptable to the county prosecutor, to assure
compliance with the provisions of this Code and the conditional use permit as approved.
11. Wireless communications facilities including attached or colocated antennas, towers, and
equipment enclosures shall be painted a non-reflective color that blends with the surroundings.
Appropriate colors may include earth tones and muted grays, blues, and greens in broken
patterns.
12. Tower lighting shall not be allowed except as required by the FAA.
13. Minimum setback for the proposed tower from parcel boundaries or edge of easements,
whichever is less, is 30 feet as approved by the Hearing Examiner under JCC 18.42.090(l)(d).
14. Wireless facility towers and accessory equipment shall be enclosed by a minimum six feet high
security fence, as required for public safety.
15. Noise generated by a wireless facility shall not exceed the maximum environmental noise
levels set forth in Chapter 173-60, Washington Administrative Code, as it is now in effect or
hereafter amended
16. The applicant shall submit a "Screen - A" type landscaping plan as part of building permit
review and approval.
17. Existing vegetation that conceals or screens a proposed facility from view (including antennas,
towers, and equipment enclosures) shall be preserved to the greatest extent feasible consistent
with the operation of the facility. If existing vegetation is not adequate to screen the facility,
additional vegetation shall be planted in order to adequately screen the facility. For all
screening, the use of trees with significant height and fullness upon maturity shall be required.
18. If it is not possible to achieve adequate screening by preserving vegetation on the site, the
wireless facility provider shall lease or secure an easement for additional land to preserve
existing significant vegetation or to allow the planting of additional vegetation.
19. Security lighting for equipment enclosures shall be minimized. It shall be oriented downward
and shielded so that the light falls only within the boundaries of the property and shall be
triggered only by a motion sensor.
20. Signs, symbols, flags, banners or other devices shall not be attached to or painted or inscribed
upon any tower or antenna, provided that the flags of the United States and the State of
Washington may be flown from towers and antennas disguised as flag poles. A telephone
number and person to call for information or in the event of an emergency shall be posted at the
site.
21. The provider and co-applicants shall protect the facility from unauthorized access consistent
with the purpose of protecting the public health, safety and welfare. The provider and co-
applicants shall maintain the facility in a good and safe condition and preserve its original
appearance and concealment or camouflage elements incorporated into the design at the time of
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approval. Such maintenance shall include, but not be limited to, painting, structural repair,
repair of equipment and maintenance of landscaping.
22. A land use permit for a wireless facility shall automatically expire and become void if the
applicant fails to obtain a building permit within one year of the effective date of the permit.
The Director may extend the permit for a period of one year, provided that the applicant files a
written request for extension not less than 60 days prior to the expiration that specifies good
cause for the extension.
23. If a provider transfers, assigns, or subleases a wireless communication facility, a copy of the
land use agreement and FCC license shall be submitted in writing to the Director, as well as the
name and telephone number of a person responsible for the facility, who is capable of
responding immediately.
24. Each permit granted pursuant to this chapter is conditioned on the requirement that the
permittee reimburse the County for all direct and indirect expenses reasonably incurred related
to the application review or to the modification or amendment of the permit.
25. A wireless communication facility which has been unused for a period of 180 consecutive days
is hereby declared abandoned. Abandoned facilities shall be removed by the property owner
within 180 days from date of abandonment. Failure to remove an abandoned facility shall be
considered a public nuisance subject to penalties. Upon written application, prior to the
expiration of the 180 day period, the Director shall in writing grant a 180 day extension for
reuse of the facility. Additional extensions beyond the first 180 day extension may be granted
by the Director, subject to any conditions required to bring the project or facility into
compliance with current law(s) and make it compatible with surrounding development.
26. If an abandoned facility is not removed within 180 days or a longer period of time determined
in writing by the Director, the County shall have the authority to enter the property and remove
the facilities. All reasonable and documented costs of such removal shall be charged to the
provider and/or landowner of record.
27. A recorded survey of the proposed tower site shall be submitted to Jefferson County
Department of Community Development prior to final building inspection.
28. The applicant shall provide to Jefferson County Department of Community Development the
name and telephone number of a person responsible for the facility, capable of responding
immediately.
29. The applicant shall submit a noise report prior to final building inspection.
Prepared by David Wayne Johnson, Associate Planner, 4/23/2007.
M E M O RA N D U M
T O :
FR OM :
DA T E :
SU B JE C T:
Stacie H oskins, SEPA Responsible Official
David W ayne Jo hnson, Associate Planner
M arch 23, 2007
A nalysis fo r T hreshold Determ ination under the ru les of the State Enviro nm ental
Policy Act (W A C 197-11). The Optional D N S Pro cess being utilized (197-11-355).
Pro ponents
Pro perty Ow ners:
Application:
Scra m L im ited L LC
PO Box 89
P01 1 H adlock, W A 98339
ZO N 06-00061; M LA 06-00669
B A C K G R O U N D IN F O RM A T IO N :
P rop osal:
T he pro posal is to constru ct a new un-m anned 150 fo ot m onopole cell tow er w ith 3 sector antenna array and
equipm ent cabinets w ithin a 40 x 50 fo ot leased and fenced area in a Genera l Com m ercial Cro ssro ads zone.
This pro posal requires a T ype Ill Conditional U se perm it w ith public notice and a public hearing. R eview
under the State Enviro nm ental Policy Act (SEPA ) is required per W A C l 97- l 1-800(25)(iii). A N on-Ionizing
Electro m agnetic Exposur e A nalysis has been subm itted to dem onstrate com pliance w ith FC C Guidelines fo r
Hum an Exposure to Radio Frequency (RF ) Electro m agnetic Fields. The FA A has issued a determ ination of
no hazard to air navigation. T his pro posal w ill require a license fr om the FCC . State and local agencies have
been asked to review and com m ent on the pro posal.
P rop erty L ocatio n : T he pro perty is located on Rhody D rive, State Route (SR) 19, P01 1 Hadlock, W A 98339.
Access to the pro perty is by assigned address 11526 SR I 9.
L eg al D escrip tio n : Parcel num ber 994 200 043, Seventh Ave Acre Tracts lots 152, 153(n of rd), 159(all) &
lot 160 (ls w 50') ls rd, in Section 3, Tow nship 29, Range 01 W est, WM , located at 11526 SR 19 Po11 Hadlock,
W A , 98339
Site C o n d itio n s: T he subject parcel encom passes appro xim ately 1.64 acres and is square in configuration.
The site is curr ently developed w ith a 13,419 square fo ot com m ercial building, paved parking areas, and
landscaped perim eters. T he site is zoned Genera l Com m ercial Cro ssro ads and is situated along a m inor
art erial of the state, SR 19, is flat in topogra phy, and w ithin a Special Aquife r Recharge Pro tection Area. The
parcel contains non-native gra ss, shru bs and im m ature native conife ro us trees. Adjacent properties are
vegetated w ith m atur e evergreen and deciduous tree species native to the area.
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Surrounding Area: The property is bordered to the north by an unused road right-of-way (Holman Rd),
commercial businesses to the east and west and the State Highway to the south.
Required Approvals: Compliance with the Jefferson County Comprehensive Plan, adopted August 28,
1998; and the Jefferson County Code, Unified Development Code, Title 18 JCC adopted December 18,
2000, and effective January 16, 2001.
SEPA CHECKLIST:
Submittal: The environmental Checklist was submitted to the Department of Community Development
December 20, 2006.
Adequacy: Staff determined the checklist to be substantially complete January 4, 2007.
NOTICE:
Public Notice was published in the Port Townsend-Jefferson County Leader newspaper on January 10, 2007
for a fourteen day comment period to expire on January 24, 2007. Notice of the pending threshold
determination was posted on the property by the applicant/representative on January I 0, 2007. Notice of the
pending threshold determination was also mailed to the owner of subject property, to agencies and to
property owners within 300 feet on January 9 & 11, 2007.
COMMENTS:
No written comments were received from the general public or adjacent property owners.
Staff requested review and comments on the Environmental Checklist from the following agencies:
• Washington State Department of Ecology: No comment received.
• Washington State Department of Health: Verbal comment received from Drew Thatcher - Project
meets with the approval of the State DOH.
• Jefferson County Public Works Department: No comment received.
• Jefferson County Health Department: No comment received.
• Jefferson County Assessor: No comment received.
• Jefferson County Communications 911: No comment received.
• Jefferson County Fire Protection District # 1: No comment received.
• Port of Port Townsend: No comment received.
• US West Communications: No comment received.
• Washington Environmental Council: No comment received.
• Chimacum School District #49: No comment received.
• City of P011 Townsend: No comment received.
• Peninsula Daily News and Port Townsend Leader: No comment received.
• Port Townsend Leader: No comment received.
SUMMARY OF SIGNIFICANT ENVIRONMENTAL COMMENTS:
This section is intended to supplement the applicant's environmental checklist with information from
Development Review sources and comments and to analyze the proposal in order to identify potential
environmental impacts. Information available in the environmental checklist is not repeated in this document
unless it is necessary to do so as part of staffs analysis. Proposed mitigation measures are underlined and
numbered.
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NATURAL ENVIRONMENT
EARTH: Soil Erosion/slope stability & Environmentally Sensitive Area Review:
Soils on-site have been identified as Cassolary sandy loam, 0 to 15 percent slopes. The Soil Survey of
Jefferson County prepared by the US Department of Agriculture describes these soils as well drained with a
moderately slow permeability. The parcel is flat in topography. There is no evidence or history of unstable
soils. Approximately 2,000 square feet of land disturbing activity and imperious surface are proposed.
The site has been identified as a Special Aquifer Recharge Protection Area (SARP A). The project shall be
reviewed to comply with the protection standards under JCC Article VI-E Critical Aquifer Recharge Areas,
JCC 18.15.255.
The Jefferson County Unified Development Code (JCC Title 18) requires development proponents for all new
development and redevelopment conform to the standards and minimum requirements set by the most
current version of the Department of Ecology Storm water Management Manual for Western Washington
(SMM) to prevent erosion of land.
Based upon the SEPA checklist and State Agency comments, the Department recommends finding that the
proposal is not likely to result in significant adverse impacts related to earth. No mitigation measures are
proposed. Additional analysis of the proposal and its effects related to EARTH is not necessary.
AIR: Aside from exhaust emissions from heavy equipment (trucks, grading equipment, crane), no
significant adverse environmental impacts related to air have been identified. No mitigation measures are
proposed. Additional analysis of the proposal and its effects related to AIR is not necessary.
WATER: SURFACE WATER: There is no surface water in the immediate vicinity. The proposal will not
come in contact with this surface water.
GROUNDWATER: The proposal is within a Special Aquifer Recharge Protection Area. The project shall
comply with the protection standards under JCC Article VI-E Critical Aquifer Recharge Areas, JCC
18.15.255. The proposal does not include additional groundwater withdrawal.
WATER RUN-OFF (including storm water): The proposal includes creating approximately 2,000 square feet
of imperious surface. A Storm water Plan shall be required as part of the building permit to identify and
address Storm water runoff and treatment.
The proposal is not likely to result in significant adverse impacts to Water. No mitigation measures are
proposed. Additional analysis of the proposal and its effects related to WATER is not necessary.
PLANTS: An environmentally critical area review of the site has been conducted, and no special plant
species have been identified. The proposal is not likely to result in significant adverse impacts to Plants. No
mitigation measures are proposed. Additional analysis of the proposal and its effects related to PLANTS is
not necessary,
ANIMALS: Environmentally Sensitive Area mapping identified no Eagle and Spotted Owl habitat. An
ESA check was conducted and no threatened or endangered species have been identified on the parcel. The
proposal is not likely to result in significant adverse impacts to Animals. No mitigation measures are
proposed. Additional analysis of the proposal and its effects related to ANIMALS is not necessary.
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ENERGY AND NATURAL RESOURCES: Electricity will be required and is available. Although the
height of the project could potentially have an impact to solar energy on adjacent parcels, the bulk of the
tower makes that negligible. No impact to solar energy on adjoining properties is anticipated. No negative
impacts to energy or natural resources have been identified. No additional energy or natural resources will
be required. No mitigation measures are recommended. Additional analysis of the proposal and its effects
related to ENERGY AND NATURA L RE SOURCES is not necessary.
BUILT ENVIRONMENT
ENVIRONMENTAL HEALTH: The proposal will produce small levels of Radio Frequency
Electromagnetic Fields. An Exposure Analysis prepared by B. J. Thomas, P.E. dated November 30, 2006
concluded that the proposed project would comply with FCC standards for human safety. No significant
adverse environmental impacts have been identified. No mitigation measures are recommended. Additional
analysis of the proposal and its effects related to ENVIRONMENT AL HE AL TH is not necessary.
NOISE: Temporary noise from construction activities is anticipated. No significant adverse noise impacts
associated with noise have been identified. No mitigation measures are recommended. Additional analysis
of the proposal and its effects related to NOISE is not necessary.
LAND & SHORELINE USE: LAND USE: The subject parcel is designated General Crossroad
Commercial Zone under the Jefferson County Comprehensive Plan Land Use Map. New Towers greater
than 60 feet in height in a General Crossroads zone require a Type III Condition Use zoning permit per JCC
18.42.080(3)(a).
The proposal is within a Special Aquifer Recharge Protection Area. The project shall be reviewed to comply
with the protection standards under JCC Article VI-E Critical Aquifer Recharge Areas, JCC 18.15 .255.
SHORE LINE USE: The proposal is not located within shoreline jurisdiction.
Additional analysis of the proposal and its effects related to LAND & SHORELINE USE is not necessary.
HOUSING: No increase, decrease or impacts to housing will result from the proposal. The proposal is for
installation of a Cellular Communication Tower. Additional analysis of the proposal and its effects related to
HOUSING is not necessary
AESTHETICS: The proposal is sited next to a tall stand of native trees which will reduce the visual impact
of the facility on the adjacent residential properties. The tower shall be painted a non-reflective color to be
unobtrusive and blend into the surrounding environment. No views will be blocked as a result of the
proposal. No significant adverse environmental impacts associated with aesthetics have been identified. No
mitigation measures are recommended. Additional analysis of the proposal and its effects related to
Aesthetics is not necessary.
LIGHT AND GLARE: No additional lighting will result from the proposal. Glare shall be mitigated by
non-reflective paint. No significant adverse environmental impacts associated with light and glare has been
identified. No mitigation measures are recommended. Additional analysis of the proposal and its effects
related to LIGHT AND GLARE is not necessary.
RECREATION: The proposal will not have an effect on recreation in the area. No significant adverse
environmental impacts associated with recreation have been identified. No mitigation measures are
recommended. Additional analysis of the proposal and its effects related to RECREATION is not necessary.
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H IS T O RI C A L & C U L T U RA L P RE S E R V A T IO N : N o significant adverse enviro nm ental im pacts
associated with historical & cultura l preservation have been identified. N o m itigation m easures are
recom m ended. Additional analysis of the pro posal and its effects related to HI STO RI CA L AN D
CU LT URA L PR E SE R VA TION is not necessary.
T RA N S P O R T A T IO N : T he site is accessed fr om Rh ody Drive, State R oute 19. N o significant adverse
enviro nm ental im pacts associated w ith transportation have been identified. N o increase in transportation will
be required or is anticipated. N o m itigation m easures are recom m ended. Additional analysis of the pro posal
and its effects related to T RA N SPO R TATION is not necessary.
P U B L IC SE R V IC E S : T he pro posal w ill have a positive im pact on the public com m unication system . No
signifi cant adverse enviro nm ental im pacts to Public Services have been identified. N o additional Public
Services are required. N o m itigation m easures are recom m ended. Additional analysis of the pro posal and its
effects related to PU B LI C SERV ICES is not necessary.
U T IL IT IE S : Electricity and telephone are in existence to serv e the site. N o additional utilities will be
required. N o signifi cant adverse enviro nm ental im pacts associated w ith utilities have been identified. No
m itigation m easur es are recom m ended. Additional analysis of the pro posal and its effects related to
UT ILI T IE S is not necessary.
RE C O M M E N D A T IO N :
D evelopm ent R eview staff recom m ends issuance of a Determ ination of N on-Significance.
Determ ination of the SE PA Responsible Offi cial:
I have review ed and considered the refe renced pro posal, the enviro nm ental checklist, public com m ents, other
available m aterial, and the Developm ent R eview staff m em o and recom m endation. I hereby:
issue a Determ ination of N on-Signifi cance
issue a D eterm ination of M itigated Non-Significance
issue a Determ ination of Significance
determ ine that I do not have suffi cient info rm ation upon w hich to m ake a threshold determ ination
and direct Developm ent Review D ivision staff to obtain additional info rm ation on the pro posal.
Stacie H oskins, SE PA R esponsible O ffi cial Date