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Home My WebLink About022924 letter re: DCD permit RECEIVED Most respectfully 1 JAN 2 9 2024 j� ,v JEFFERSON COUNTY COMMISSIONERS In 2010 Jefferson County accepted a permit application to put up a Radio Tower in the middle of a 300 x 1200 foot rural vacant lot. No development in the immediate proximity; no one cared. The permit was approved/issued with a "Renewable Lease." Ten hears later that wasn't the case. The antenna has to move. April 18, 2023 the County accepts a building permit application for an antenna location about one-third of a mile away. It was an application to "relocate" the existing tower on Jacob Miller Road to 35 Rainshadow Drive. The truth in fact was to demolish the tower on Jacob Miller Road and construct a new tower on Rainshadow Drive. A SEPA from 2023 was submitted with the application. DCD issued a Determination of Non-significance July 18, 2023. DCD then said there would be a revision to the DNS. August 16, a new DNS was declared and that document is the SEPA from 2010 at 591 Jacob Miller Road. DCD/David Wayne Johnson claims this is okay because the two sites are "identical". The locations are totally different. In fact, the project has expanded to include a studio and office. Old location - no staff; new location - office and studio (presumed to be staffed). The resident and rural elements are totally different. 3 to 4 times the population density and treed verses clear-cut. The access is private, not public like Jacob Miller Road. The entire permitting process was different in 2010. The current applications, both original and supplemental, have representations that the county knows to be false (accepted that way and not corrected/denied). The relevant SEPA is the current SEPA of 2023 which has been disregarded. DCD has accepted and made untrue assertions. The county does have land for utilities and right-of -way on Jacob Miller. (map attached) The county has failed to engage all the affected property owners on the private road. The owners at the end of the dead-end road are not counted and one owner has been avoided. DCD has allowed storm water calculations to be manipulated. The terms: relocation, non- commerical, and identical have been misused to the point of ?... Deliberately designed to mislead. Another observation revealed, "the tower will not be visible from any residence or road" (DWJ) Simply untrue; Go walk it. Further, there has been a misinformation campaign to scare people into the idea that there will be no emergency broadcasting if KPTZ doesn't get this antenna. First, the emergency broadcasting could be handled by the KPTZ antenna on Morgan Hill provided by the city in 2019. Second, KROH, right here in Port Townsend is better equipped now than KPTZ will ever be in terms of emergency broadcasting, and they are hooked up to the system. Add all the other AM and FM stations that can broadcast emergency information and the conclusion should be: KPTZ can broadcast emergency information but its not a reason for there to be another radio station. We believe this tower is going to be a visual nightmare to our neighborhood. If it is this great an asset to our community, put it on county land on Jacob Miller Road. Please revoke the permit or remand it back to the county for a fair and correct process. Thank You. Attachments: Permit application - notes Supplemental application - notes Site maps Complaints (9) - from the opening brief Contents of the administrative record - about 270 pages Page 2 Draft? SEPA this was signed by Greg Ballard and sent out. Page 3 Emails don't start until 5/5 There were a lot of phone calls that weren't recorded Tax parcel GIS image - shows the so call affected/adjacent properties and county option. Non-commercial radio - an explanation (for those that question or deny the commercial nature of this venture) Building permit - no name (really), "new radio tower", commercial/industrial Stormwater calculations - We believe the county should have considered the clearing previously done and its not like they didn't know it Affected properties - Rob Davidson , there are two other parties. One was not concerned, the other doesn't want it but didn't think anything could be done. Thrown together last minute. Not to difficult to sift through if your interested. Thougl we should provide some substance to back up the claims. Thank you for your time and consideration. (4*-soN tt, !� DEPARTMENT OF COMMUNITY DEVELOPMENT 1X , • t' PERMIT APPLICATION Steps in the Permit Process: -Review application checklist to ensure all information is completed prior to submitting application. -Make sure septic has been applied for and water availability has been proven. -Make an appointment to meet with the Permit Technician by calling 360-379-4450. -This is not a standalone application;it must be accompanied by a project specific supplemental application. -Fees will be collected at intake. Additional fees may apply after review and payment is required before permit is issued. For Department Use Only Building Permit# Related Application#s: MLA# Site Information Assessor Tax Parcel Number: 101324015 Site Address and/or Directions to Property:35 Rainshadow Drive,Port Townsend,WA 98368 Access(name of street(s)) from which access will be gained:! 35 Rainshadow Drive,Port Townse , 98368 c+ j Present use of property: Rural residential vacant land N0 Pc eV ciTE OccvP1 el) i-- Description of Work(include pr osed uses): Clearing and veloping ingress/egress,bringing in power and fiber utilities,pouring 3 D tes foundation pads for new radio tower and future constru cy broadcast facility,including an office,studio and transmitter housing. Wastewater-Sewage Disposal This property is served by Port Townsend or Port Ludlow sewer system? YES NO If not served by sewer identified above,identify type of septic system below: Type of Sewage System Serving Property: Septic Septic Permit#: Community Septic Name of System: Case#: Are other residences connected to the septic system? Additions or repairs to sewage system: Is it a complete or partial system installation: Complete Partial Has a reserve drainfield been designated? Yes No Date of Last Operations&Maintenance check: Attach last report to application Describe or attach any drainfield easements, covenants or notices on title,which may impact the property: Not applicable-no sewage disposal facilities will be established or used. t„{iJ_II t 4glUtir'rfi!fi �;ON DEPARTMENT OF COMMUNITY DEVELOPMENT' ()el. 671 �hrF�<I n rz r, I To,cnsend,A�'�0,s3„ APP }� 4• "'" / ZL� +t(}.3.it i i"t9 i i:+ ::TtatY t-1t-1-F�.i 2Y�� S'Aif n,,16� SUPPLEMENTAL APPLICATION RESIDENTIAL OR COMMERCIAL BLDG PERMIT For Department Use Only Receipt#: Date: Related Application#s: Payment# Site Information Owner Name: Mark Magee/KPTZ Radio Port Townsend Assessor Tax Parcel#: 101324015 Type of Building New Replacement Rel. ated ✓ Addition Repair De olition A separate permit is required Select One: Single Family Residence Modular Oth r ✓ list Proposed Building/Project Number of floors 0 #new bedrooms 0 existing 0 total bed 0 #new bathrooms 0 existing 0 total bath 0 j Heat Source Select all that apply: Electric ✓ Heating Oil Wood Propane ✓ Enter the square footage(sq/ft)that applies in each field Structure Existing Sq/Ft Proposed Sq/Ft ICC Valuation(Office use) Residential/Commercial Main Floor Residential/Commercial Second Floor Additional Floors-heated/unheated Basement-unfinished Basement-finished space or habitable Detached Garage-heated/unheated Attached Garage-heated/unheated Garage 2nd fl-unfinished storage Garage 2nd fl-finished space or habitable Carport-2 walls or less Deck-uncovered Covered porch Other(shed, barn, pole bldg,etc.) Tower and Building Pads !Estimated Cost of Project(Required): $ 220,000.00 $ KPTZ RADIO PORT TOWNSEND 35 RAINSHADOW ROAD SITE PLAN PORT TOWNSEND, WA 98368 TAX PARCEL NO. 101324015 ALL STRUCTURES SHOWN ARE PROPOSED SCALE 0.25" : 20' - APPROXIMATE SHORELINE laggIVE3 APR 2 0 2023 Jefferson County Community Development 33 RAINSH. DR 103 RAINSH. DR RESIDENTIAL RESIDENTIAL 1 1 DETAIL AREA ON SECOND PAGE KPTZ RADIO PORT TOWNSEND 35 RAINSHADOW ROAD SITE PLAN DETAIL PORT TOWNSEND, WA 98368 N p z.�`` '�� ' TAX PARCEL NO. 101324015 ,' `, i , , _ , . , ALL STRUCTURES SHOWN ARE PROPOSED SCALE 0.5" :10' APR L 0 1023 PROPOSED CONSTRUCTION: CURTAIN DRAIN AND GRAVEL DRAINAGE PIT JeffersonCounty FOR STORMWATER: ••••�•••��• NO NEARBY CRITICAL AREAS OR SHORELINE Community Development l I I I 1 I I BUILDING SETBACKS I FROM ADJACENT PARCELS I I I EASEMENT AREA I c 60' > I 1111 1/ TOWER PAD ' ¢ ( II ! 40 y I 60'1 I l O r I I r 0c) I INGRESS, EGRESS, 4 ) I 1 UG FIBER & POWER ki, , 33 RAINSH. DR I ; •' I 103 RAINSH. DR RESIDENTIAL I ' • I RESIDENTIAL • -c--TO POLE ' RAINSHADOW DRIVE c - 170' } 1 Community Development on April 18, 2010. A copy of this DNS is attached as EXHIBIT B 2 and is incorporated herein by reference. 3 4. Respondent COUNTY through its Department of Community Development 4 5 issued a Revised Determination of Non-Significance on September 7, 2023 which is the subject 6 matter of this appeal. A copy of this revised Determination of Non-Significance is attached as 7 EXHIBIT C and is incorporated herein by reference. 8 5. On April 20. 2023, the COUNTY received a Supplemental 9 10 Application/Residential or Commercial Bldg Permit from RADIO PORT TOWNSEND. Copy 11 attached as EXHIBIT D. 12 6. Based on the Supplemental Application and the Revised Determination of Non- 13 Significance. The COUNTY issued a Building Permit for the project. A copy is attached as 14 EXHIBIT E. 15 16 COUNTY ERRORS IN ISSUING THE BUILDING PERMIT 17 The County erred in issuing the building permit for the 190-foot radio tower at 35 18 19 Rainshadow Drive on 9/13/2023 for the following reasons: 20 1. The County failed to require Site Development Review(SDR)prior to the 21 submittal of a development application in violation of Jefferson County Code (JCC) 18.40.440; 22 2. The County failed to require a Legal Lot of Record (LLOR) determination prior 23 to the submittal of a development application in violation of JCC 18.12.030; 24 25 3. The County relied on a 13-year-old SEPA determination for a different project on 26 a different lot to reach its Determination of Non-Significance (DNS). Administrative Record 27 (AR) 19-25 & 26-33; 28 NOTE FOR MOTION Law Offices of Gerald A.Kearney,PLLC Page 2 of 6 5314 NE Ponderosa Place Hansville WA 98340 (360)297-8500 1 4. The County processed the application as a Utility Development, Minor under JCC 2 18.20.400 rather than as a Utility Development, Major under RCW 18.20.410; 3 5. The County processed the SEPA determination under the term "relocation" of an 4 5 existing tower when, in fact, this is an entirely new project on a different parcel AR 15-17; 6 6. The County failed to require a Conditional Use Permit(CUP) for the project; 7. The County issued the permit that violates the height restriction of RR-1/5 zoning; 8 8. The County had no factual basis for making a SEPA determination that a 190-foot 9 io tower would not be visible from the road or adjacent properties; and 11 9. The County did not follow its own process which would have required proper 12 public notice and a public hearing regarding the project. 13 STANDARD OF REVIEW 14 The Standard of review for the Land Use Petition Act review is contained in RCW 15 16 RCW 36.70C.130, which provides in pertinent part: 17 Standards for granting relief—Renewable resource projects within energy overlay zones. 18 (1) The superior court, acting without a jury, shall review the record and such 19 supplemental evidence as is permitted under RCW 36.70C.120. The court may grant relief only if the party seeking relief has carried the burden of establishing that one of the 20 standards set forth in (a)through (f) of this subsection has been met. The standards are: 21 (a) The body or officer that made the land use decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 22 (b) The land use decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with 23 expertise; 24 (c) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record before the court; 25 (d) The land use decision is a clearly erroneous application of the law to the facts; (e) The land use decision is outside the authority or jurisdiction of the body or 26 officer making the decision; or 27 (f) The land use decision violates the constitutional rights of the party seeking relief... 28 NOTE FOR MOT/ON Law Offices of Gerald A.Kearney,PLLC Page 3 of 6 5314 NE Ponderosa Place Hansville WA 98340 (360)297-8500 w` Jefferson County WEfington Department c#Ccrrrru ity Develepmenl INDEX FOR ADMINISTRATIVE RECORD 4,fs'TN°K�,? KPTZ Tower Date Subject Contents Bates No. Author/People Involved l Decision Documents 4/20/2023 Decision Documents CELL2023-00004_07 00001-00009 4/20/2023 Decision Documents CELL2023-00004_01 A 00010-00012 9/6/2023 Decision Documents CELL2023-00004_08 Approved Site Plan 00013-00014 9/7/2023 Decision Documents Revised Final DNS Signed - 00015-00017 _David W.Johnson,Greg Ballard 9/7/2023 Decision Documents Final DNS&Explanation Memo-CELL2023- 00018-00035 David W.Johnson,Josh Peters,Steve 00004 KPTZ Radio Smith,rayserebrin@hotmail.com,Greg Ballard,Stacie Hoskins,Sydnie Baron, Steve Smith 2 Application Materials 4/18/2023 Application Materials ▪CELL2023-00004_01 Application 00036-00039 Ray Serebrin,Jeff Styler 4/18/2023 Application Materials CELL2023-00004_02 Supplemental Application 00040-00041 Mark Magee,Ray Serebrin 11/22/2021 Application Materials CELL2023-00004_12K Easement Lease 00042-00047 Mark Magee,Robert Ambrose 4/18/2023 Application Materials CELL2023-00004_05 Stormwater s 00048-00051 Rey Serebrin 4/20/2023 Application Materials CELL2023-00004_07 Building Plans 00052-00059 Jeff Styler 4/20/2023 Application Materials CELL2023-00004_08 Site Plan 00060-00061 8/30/2023 Application Materials -Location Map 00062 3 Notice 5/5/2023 Notice Re Publish CELL2023-00004 KPTZ NOA 00063-00066 Vicki Kim,David W.Johnson,Jodi Adams 6/16/2023 Notice Affidavit of Publication 00067-00068 _Vicki Kim 5/10/2023 Notice CELL2023-00004 KPTZ NOA 00069 5/17/2023 Notice 2023 05 17 Certificate of Mailing with Affidavit of 00070-00071 Publication 5/5/2023 Notice 2023 05 05 APOs map 00072 5/9/2023 Notice 2023 05 09 Mailed Notice returned 00073 9/7/2023 Notice Final DNS&Explanation Memo-CELL2023- 00074 David W.Johnson,Josh Peters,Steve 00004 KPTZ Radio Smith,rayserebrin@hotmail.com Page 1 of 6 Date Subject Contents Bates No. Author/People Involved 5/10/2023 Notice 00075-00077 Ray Serebrin,Sherrie Shold,Brian Tracer, Email Notice-Notice of Application-KPTZ Radio Willie Bence,David W.Johnson 5/10/2023 Notice 00078 Ray Serebrin,Sherrie Shold,Brian Tracer, Email Notice-Notice of Application-KPTZ Radio Willie Bence,David W.Johnson 5/11/2023 Notice Email Notice-Email Notice 2023 05 1 1 00079-00080 David W.Johnson 5/11/2023 Notice Email Notice-Notice of Application and Pending 00081 SEPA Determination _David W.Johnson 5/11/2023 Notice Email Notice-Ecology Reply 00082 David W.Johnson 4 SEPA 11/18/2010 SEPA 2010 SEPA DNS-2010 11 18 CELL2023- 00083-00095 Alan Youse,Sandra Youse,Stacie 00004_10 Prior DNS Hoskins,William Putney,David W. 4/18/2023 SEPA 2023 SEPA DNS-2023 04 18 CELL2023- 00096-00100 00004_03 SEPA Checklist Ray Serebrin 7/19/2023 SEPA 2023 SEPA DNS-2023 07 19 03C Draft SEPA 00101-00102 Determination KPTZ Ray Serebrin,Greg Ballard 8/16/2023 SEPA 2023 SEPA DNS-2023 08 16 CELL 2023-00004 00103-00105 Revised DNS DRAFT David W.Johnson,Greg Ballard 9/7/2023 SEPA 2023 SEPA DNS-2023 09 07 Revised Final DNS 00106-00108 Signed David W.Johnson,Greg Ballard 5/24/2023 SEPA 2023 SEPA DNS-ECY SEPA 20230229-KPTZ 00109 David W.Johnson,Derek Rockett,Dean Tower and Transmitter Relocation-Comments Malte,Joseph McCord 5 Photos At 35 Rainshadow gate looking back toward road 001 1 0-001 1 1 Photos and tower site Driveway at 35 Rainshadow to point where adjacent 00112 Photos residence is located Photos Driveway at 35 Rainshadow 00113 Photos Existing Tower with Tree line 00114 Photos Existing Tower 00115 Looking across road to power lines approx.50 feet 00116 Photos away Page 2 of 6 Date Subject Contents Bates No. Author/People Involved 6 Public Comments 5/24/2023 Public Comments SEPA public comments 00117-00118 Sydnie Baron 8/2/2023 Public Comments Smith Letter Aug 2 2023 00119 Sydnie Baron,Steve Smith 8/8/2023 Public Comments KPTZ Support Letter from JeffCo DEM 00120 _Willie Bence,David W.Johnson 9/6/2023 CELL2023-00004_10- Staff Response to SEPA 00122 Public Comments Comments David W.Johnson 9/7/2023 Public Comments SEPA record published 00123 David W.Johnson,Joe Thomas 5/24/2023 ECY SEPA 20230229-KPTZ Tower and 00124 David W.Johnson,Derek Rockett,Dean Public Comments Transmitter Relocation-Comments Malte,Joseph McCord 7 Emails 5/5/2023 Emails Re_Publish CELL2023-00004 KPTZ NOA(1) 00125-00127 Vicki Kim,David W.Johnson 3 Notice of Application-KPTZ Radio 00128 David W.Johnson,Ray Serebrin,Sherrie Emails Shold,Brian Tracer,Willie Bence 5/11/2023 Emails Notice of Application and Pending SEPA 00129 David W.Johnson 5/24/2023 Emails CELL2023-00004 00130 Ethan Walker,Steve Smith 5/26/2023 Fw_KPTZ New Tower Public&Agency 00131 Ray Serebrin,David W.Johnson,William Emails Comments Putney,Brian Sorensen,Robert Ambrose 5/30/2023 Re_KPTZ New Tower Public&Agency 00132-00135 Ray Serebrin, William Putney,David W. Comments(6) Johnson,Kate Ingram,Brian Sorensen, Emails Robert Ambrose 5/30/2023 Emails RE_KPTZ radio tower-Rainshadow drive 00136-00142 Rob Davidson,David W.Johnson 6/2/2023 Emails RE_Connection(1) 00143 David W.Johnson,Ray Serebrin 6/5/2023 Re_Connection(2) 00144-00146 Mark Magee,Ray Serebrin,William Putney,David W.Johnson,Kate Ingram, Emails Robert Ambrose,Brian Sorensen 6/6/2023 Re Meeting with Rainshadow Road 00147-00149 Ray Serebrin,David W.Johnson,William Emails complainants(4) Putney 6/6/2023 Re_NO RAINSHADOW ROAD MEETING THIS 00150-00152 Ray Serebrin,Mark Magee,William WEEK(2) Putney,Kate Ingram,Robert Ambrose, Emails Brian Sorensen,David W.Johnson Page 3 of 6 Date Subject Contents Bates No. Author/People Involved 6/7/2023 FW_KPTZ radio tower-Rainshadow drive 00153-00154 Emails PRE2022-00038(1) David W.Johnson 6/15/2023 Emails Re KPTZ Site location answers. 00155 William Putney,Steve Smith 6/16/2023 Emails Re Rainshadow Road Project 00156-00157 Ray Serebrin,David W.Johnson 6/27/2023 Emails Steve Smith 00158-00159 Steve Smith,David W.Johnson 7/7/2023 Re_FW_(2) 00160 Ray Serebrin,David W.Johnson,Brian Emails _Sorensen 7/17/2023 FW_KPTZ Tower location 00161-00163 David.W.Johnson,Ray Serebrin,William Emails Putney 7/20/2023 Final SEPA Determination of Non-Significance 00164-00165 Ray Serebrin,William Putney,David W. Emails (DNS)for KPTZ Tower(4) Johnson 7/25/2023 Emails Re [EAS-WA1 AM Radio and EVs 00166-00168 William Putney,Ted Buehner 8/2/2023 Emails KPTZ antenna(1) 00169 Steve Smith,Josh Peters 8/3/2023 FW_FW_KPTZ antenna 00170 David W.Johnson,Josh Peters,Steve Emails Smith,Greg Ballard,Sydnie Baron 8/4/2023 Emails 2ND ATTEMPED ADR2023-00007 INVOICE(1) 00171-00172 Andrea Kesgard,Ray Serebrin 8/4/2023 Fwd_KPTZ Site location answers.(1) 00173-00174 William Putney,David W.Johnson,Ray Emails Serebrin 8/4/2023 Fwd KPTZ Site location answers.(2) 00175-00176 William Putney,David W.Johnson,Ray Emails Serebrin 8/4/2023 Fwd_KPTZ Site location answers.(3) 00177-00178 William Putney,David W.Johnson,Ray Emails Serebrin 8/4/2023 Fwd_KPTZ Site location answers.(5) 00179-00181 William Putney,David W.Johnson,Ray Emails Serebrin 8/4/2023 Fwd_KPTZ Site location answers.(6) 00182-00184 William Putney,David W.Johnson,Ray Emails Serebrin 8/4/2023 Fwd_(2) 00185-00187 William Putney,David W.Johnson,Ray Emails Serebrin, Steve Smith 8/4/2023 Fwd_(3) 00188-00192 William Putney,David W.Johnson,Ray Emails Serebrin,Steve Smith Page 4 of 6 Date Subject Contents Bates No. Author/People Involved 8/8/2023 DEM Letter in Support of KPTZ Tower Move 00193 Willie Bence,David W.Johnson,Ray Emails Serebrin 8/8/2023 Emails Re FW KPTZ antenna(1) 00194-00195 Steve Smith,David W.Johnson 8/9/2023 Emails Re KPTZ(12) 00196-00197 Steve Smith,Mark McCauley 8/16/2023 Emails Relocate permit really 00198 Steve Smith,Josh Peters 8/18/2023 Re_KPTZ(13) 00199-00202 Steve Smith,Mark McCauley,Sydnie Emails Baron, Steve Smith 8/20/2023 Emails Re KPTZ 00203-00206 Steve Smith,Mark McCauley 8/21/2023 FW_KPTZ(2) 00207-00209 Mark McCauley,Josh Peters,Sydnie Emails Baron, Steve Smith 8/22/2023 Emails radio tower relocation 00210 Josh Peters,Steve Smith 8/26/2023 Re_[EAS-WA] Fwd_Fw_Maui sees ghosts from 00211-00213 Emails Californias past William Putney,Ted Buehner 8/29/2023 Emails Re KPTZ Tower Move(1) 00214-00216 Ray Serebrin,Greg Brotherton 8/29/2023 Emails Re radio tower relocation(2) 00217-00218 Steve Smith,Josh Peters 8/30/2023 FW_radio tower relocation(1) 00219-00221 Josh Peters,Greg Ballard,David W. Emails Johnson,Barbara Ehrlichman 9/7/2023 Final DNS&Explanation Memo-CELL2023- 00222 David W.Johnson,Steve Smith,Ray Emails 00004 KPTZ Radio Serebrin,Josh Peters 9/11/2023 Emails Re Tower 00223-00226 William Putney,Steve Smith 9/13/2023 Emails Issued Permit 00227-00228 DCD Front Staff,Ray Serebrin 9/25/2023 Emails Re_CELL2023-00004 KPTZ Tower Permit(1) 00229-00230 Ray Serebrin,David W.Johnson 8 Legal Lot of Record and Site Development Review 11/6/2023 Site Development SDR2023-00338_24-Site Development Review 00231-00235 Review (002) Mark Magee,Ray Serebrin,Greg Ballard 11/6/2023 Site Development SDR2023-00338_24A-Legal Lot of Record Letter 00236-00237 Review (002) George Terry,Greg Ballard 11/6/2023 Site Development SDR2023-00338_24B-Potential Development 00238 Review Envelope(002) Page 5 of 6 Date Subject Contents Bates No. Author/People Involved 9 2010 Decision Documents 11/18/2010 2010 Decision Documents MLA10-00369 Zoning D Use Determination Memo 00239-00247 Stacie Hoskins,David W.Johnson 11/19/2010 2010 Decision Documents1MLA10-00369 Buidling Permit Approval 00248-00249 _Alan Youse, Sandra Youse 11/18/2010 2010 Decision Documents CELL2023-00004_10 DNS and Checklist 00250-00261 Alan Youse,Sandra Youse,Stacie Hoskins Page 6 of 6 900£££40L o o0 °0 STY c9 O`S, �O r G �> Tr co c' :006 �� zrCsi ~ H a) x< T :.. t'4 £4A4 #OL$00 E6 s co W CD rt'- (N O el In ia r CoO Xf oI! *W.,•,d.m.. 4;_ �. ZQ9SOOE 440''Z£404 zi °\ I ti 40g990 £ t 4f7S404 a Q � = r 5i c } 940We', ;04 I -' N m Joi. ' 604 L s o '� �� ._ ._.. d —t ca00#e 404 N a_ i S40t► £404 5 i _ N N N. 1. $40t7 £404 M ` ' N N it 1 1 av \\ p7 p.. �1 ' C33 r v r O r C 64 v ` vi lI a �." 5 - 0 ii ° o >a) c, c rn a� eta, 3a._ asE ,6° a ,c,/ = hui�a0 - a 0 I y (n pLt (0 A :;,1 1; ;� Sterling answers your questions OME-1 , ., 1;-NS, , about Non-Commercial versus www.christianradio.com Commercial FM Broadcasting... FM radio offers a unique opportunity for businesses&ministries today. Most people new to radio are confused by the differences between non-commercial and commercial radio. If you wonder which type offers the best opportunities for you, we invite ou to read on. ifferences between Non-Commer The History and Development cial and Commercial Radio of the FM Spectrum: Commerci • y very easy for people In the 1940's Congress watched with concern as schools, to understand. Commercial Radio sells advertising colleges, and universities were driven from the AM radio band in using a sales force, charges promotional fees, and the early days of radio. As a result,Congress ordered the Federal involves itself in many ways of profit making busi- Communications Commission(FCC)to implement a policy which ness. would allow educational broadcasters, and commercial broadcast- Most people do not realize that Non-corn- ers to establish themselves without competing for channels on the newly created FM band. The FCC responded by reserving the first mercial.FM stations are very similar in practice ex- cept that all of their income is turned back into the twenty channels(88.1 through 91.9 Mhz) of the FM band for educational broadcasters. corporation for station growth, upgrades, repairs, There was much enthusiasm for the new medium. How- salaries,etc. so that the station will never realize a ever, with the outbreak of World War i:1 developement of FM was profit. All income is re-invested into the corporaton. halted. After the war,television became the dominant medium,and Non-comms differ from commercial FM stations AM began.its period of decline. Interest in FM diminished and de- primarily i.n that they are not permitted to accept rev- velopment all but ceased. enue in exchange for broadcasting "spots" (an- With the 1960's came a renewed interest in FM broadcast- ing. The AMbroadcast band had become saturated,and the FCC nouncements advertising goods and services),yet adopted standards for FM stereophonic sound,and thus began a they may charge for broadcasting programs.The lic- ensee of a non-commercial educational FM station period of rapid growth that continues today. is expected to provide a broadcast schedule that is Like its predecessor,AM radio,the FM radio band is filling "non-commercial". Remember,the Congress or- up. What is unique, is that while FM radio is enjoying a period of tremendous growth and commercial success;opportunities for fre- dered the FCC to find a way to reserve some chap- quencies exist because channels were "reserved" for applicants nels in the new FM service for educational,instruc- who will offer educational, instructional,and cultural programming. tional,and cultural purposes. The method chosen By including these programs in their schedules,schools,churches, by the FCC requires that an applicant for one of the and other non-profit groups are establishing FM stations in ever reserved channels form a non-profit that is educa- increasing numbers. And thanks to a ruling in the early 80's called tional in nature. "Docket 80-90",commercial channels that were unavailable prior Non-profit Advertising Allowed-The reduction to the ruling,are now able to be utilized. of federal subsidies to Non-Commercial Educational The opportunity for establishing a FM radio station,'in- stations has resulted in significant reductions in the creased by the Docket 80-90 rules of the 80's,and now again in the late 90's with the new Low Power FM proposal substantially raise funds available to establish new stations and for the operation of existing stations. The FCC, recogniz- the number of FM radio channels available. R,ON Cr) JEFFERSON COUNTY wDEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 I email: dcd@co.jefferson.wa.us www.co.jefferson.wa.us/commdevelopment ySill No10 BUILDING PERMIT PERMIT#: CELL2023-00004 Received Date: 4/20/2023 SITE ADDRESS: 35 RAINSHADOW DR Issue Date 9/13/2023 PORT TOWNSEND WA 983,1 / Expiration Date 9/13/2024 IV OWNER: ° N FL ? Home: -- 1925 BLAINE STREET + Mobile: -- PORT TOWNSEND,WA 98368 Business: 360-379-6886 LEGAL DESCRIPTION: S32 T31 R1W TAX 28 W/EASE PARCEL NUMBER: 101324015 CONTRACTOR: Magnum Towers Inc. Contractor License#: Jeff Styler PROJECT DESCRIPTIO . NEW RADIOT WER WITH FOUNDA TYPE OF WORK SQUARE FOOTAGE: COMMERCIAL: TYPE OF IMP INDUSTRIAL: VALUATION $220,000 MAIN: NUMBER OF EMPLOYEES: CODE EDITION: ADD'L: HEAT BASE: S ELINE: Natural #OF STORIES: UNHEATED: OTHER: FEE TYPE AMOUNT PAID SEWAGE DISP: • GARAGE: Type I: SEPA Review $1,070.00 WATER SYS: DECK: Consistency Review Hourly $321.00 OCCUPANCY: U:.Utility/Misc Structures Building base- MANUAL $1,867.00 Notice Boards (NB) $12.60 Technology Fee $234.24 CONST TYPE: V-B BLDG: Plan Check Fee $1,213.55 HEAT TYPE: Notice of Application (NOA) $149.00 State Surcharge-COM $25.00 BEDROOMS: BATHROOMS: Scanning Fee (SCAN) $26.75 Exist: Exist: TOTAL PAID FEES $4,919.14 Prop: Prop: Total: Total: R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. HEALTH DEPARTMENT AND PUBLIC WORKS APPROVAL REQUIRED PRIOR TO FINAL INSPECTION THIS PERMIT IS VALID FOR ONE YEAR OR IT MUST BE PROPERLY RENEWED BUILDING INSPECTION HOT-LINE 379-4455. Request must be received by 3pm the day before the inspection is needed. Final Inspections require 24 hour notice. Office Hours 9:00 am-4:30 pm MONDAY - THURSDAY HOT LINE AVAILABLE 24 HOURS A DAY SPECIAL CONDITIONS APPLY -SEE ATTACHED 1/27/2024 Gmail-Jefferson County Code Compliance (mail steve smith <swsslb@gmail.com> Jefferson County Code Compliance 1 message Debra Murdock <DMurdock@co.jefferson.wa.us> Tue, Jul 19, 2022 at 12:00 PM To: "swsslb@gmail.com" <swsslb@gmail.com> Hello,e o, I have received your complaint form and will investigate the issue. If any code violations are found I will work with the property owner to come into compliance. Thank you for bringing this matter to our attention. � � Debra Murdock I IvlI ( S 9-1 D Code Compliance Coordinator Jefferson County i r Mt. t_ / - 621 Sheridan Street � ' Port Townsend, WA 98368 W Phone 360-379-4462 n b dmurdock@co.jefferson.wa.us 0IV EFFECTIVE TUESDAY 7/1/2021 DCD WILL BE OPEN TO THE PUBLIC. M-Th 9:00-12:00 1 :00-4:30 DCD WI'maintain limited customer interaction and recommends scheduling an appointment to meet with staff. DCD will no longer be accepting building applications by drop off or mail, you must schedule an appointment with front staff to submit. A mask and social distancing is required. Please visit our website https://www.co.jefferson.wa.us/dcd to see how we can best serve you during this time. • Email: dcd@co.jefferson.wa.us • Phone: 360-379-4450 • Mail: 621 Sheridan St.; Port Townsend, WA 98368 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail https://mail.g oog I e.com/mail/u/0/?i Ird4c4158aee&wevr=pt&search=al I&permthi d=thread-f:1738808611222708103%7C msg-f:1738808611222708103&simpl=msg... 1/2 1/27/2024 Gmail-Jefferson County Code Compliance P G 'l,�mail steve smith <swsslb@gmail.com> Jefferson County Code Compliance 1 message Debra Murdock <DMurdock@co.jefferson.wa.us> Wed, Jul 20, 2022 at 10:51 AM To: "swsslb@gmail.com" <swsslb@gmail.com> I have investigated the complaint and found no code violations. The property owner previously spoke with the Community Development Planners and was aware of the limitation of removing trees. The area cleared was under the threshold requiring a storm water permit and was not in a mapped critical area. I highly recommend that if you would like to do any type of clearing on your property that you schedule a CAM meeting with a Planner to learn about the restrictions and location of critical areas on your property. See link below to schedule a CAM: https://www.co.jefferson.wa.us/1530/Customer-Assistance-Meeting-CAM -i Debra Murdock / anitiO GDIWS P/C � p'7�✓f: - 1 she/her/hers L_._//<� /UO /7 7 /4 /yam- Code Compliance Coordinator r Q� 1 U /I6t Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 AJ & ) 40 S'q Phone 360-379-4462 5 1 dmurdockco.jefferson.wa.us i 2 900 Monday-Thursday 9:00-12:00 1:00-4:30 U V`-' " ¶Q Jefferson County is following state guidelines, masks are recommended but not required. All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person w ho asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester httr?s.//mail.0M!1IP.rnmirtailh/n/9jlc r!M4'ISR^innp..bn n�oc,..,.rnh—....10 _r.o.��.:.�_a�- -,,.q-...non 4, 1/27/2024 Gmail-Re:Rainshadow radio antenna • poolemail steve smith <swsslb@gmail.com> Re: Rainshadow radio antenna 1 message Rob Davidson <rob@davidsonwoodworks.com> Sun, Nov 12, 2023 at 2:44 PM To: steve smith <swsslb@gmail.com> e..679227 Hi Steve, yes we own a lot on Rainshadow, #165 although the address sign (or house) arent up yet. My greatest concern is that a low power local radio station broadcasting transmitter isnt the end use of this tower. While im not very happy to have any tower in a residential area (especially mine) its something that if done thoughtfully, as has been implied will be done, I could live with.... but even thats a stretch. My real concern is this tower being used for cell phone repeaters, wireless intemet, TV and who knows what else. Once a 25 yr lease is out of the bag I suspect it may be very difficult to reign it in if very specific and strong legal language is not in the original contract. Its realy easy to picture a cash strapped (or completely bankrupt) public radio station in a financial bind, then being offered a huge amount of money by a broadcaster to have another transmitter (with different and much stronger radiation) added to the tower at no cost or inconvenience to our friendly hometown public station... and down the hole we go... I include my original email to Mark Magee with an article link discussing some of the difficulties of towers and the financial elements in particular. Mark didnt have much to say about my comments. I am interested in what concerns you have with the tower as well. I appreciate and support public radio and even the emergency response system, but find the idea of a radio tower in a residential area abhorrent. And yes,a little nimby. If the tower is 423 feet above sea level,it would be about 240 feet above ground level,which makes it hard to believe it would be hidden from the road and all of our lots. Not to mention the flashing lights at the top of the tower radiating through the night sky,especially when foggy... *Mark has said there will be no Tight* While Im not too happy about having the RF radiation in close proximityto any residence, I do understand that this is a low powered transmitter.Their class Astatus may allow for a tripling of their current power though. What Im really concerned about however is the potential of another entity,like a cell phone provider or TVstation,renting space on this (25 year lease)tower. These frequencies are vastly more harmful to nearby inhabitants as well as being quite a source of income for financially strapped public stations. A25 year lease can fall into the hands of anyone with the resources once issued. If this tower is approved it is imperative that contractuallythe lessees are prohibited from subletting space on it or increasing the radiated power from it. https://current.org/2014/09/in-maintaining-towers-stations-face-higher-costs-lack-of-space/?wallit_nosession=1 On Sun, Nov 12, 2023 at 2:54PM steve smith <swsslb@gmail.com> wrote: Hello, this is Steve Smith from 33 Rainshadow. Are you still a property owner on Rainshadow? If so, what are your concerns about the antenna proposal. Sydnie and I have significant s gnlficant concerns about the project suggested for the property neighboring us to the East. Thanks for any thoughts you'd like to share. https://mail.googIe.com/mail/u/0/?il=d4c4158aee&uew=pt&search=all&permthid=thread-a r-7964500485690914390%7Cmsg4:1782399997218426727&simpl=m... 1/2 • 1/27/2024 Gmail-Re:Condensed version Gmail steve smith <swsslb@gmail.com> Re: Condensed version 1 message 57o_,* c Rob Davidson <rob@davidsonwoodworks.corn> Tue, Nov 14, 2023 at 7:41 AM To: steve smith <swsslb@gmail.com> Thanks Steve. Pretty irritating to see my requests in there a couple of times and completely ignored... 300' rule and all... They might have suspected I woulnt have anything positive to say about the tower as I expressed as much to Mark. Please keep us posted on how this process works out. On Tue, Nov 14, 2023 at 1:45AM steve smith <swsslb@gmail.com> wrote: A mix of our wording and the attorney: Not perfect but pretty close Skal Rob https://mall.google.nom/mail/ii/0/?ilr-rierw1rAWen.vi." niIx..w.r,rho,+—rti.r,nr1..n•r..a•I ckg•eninA-4g7tle, a%7rrrr,..f•17a�SS caorlppiPRoa7n,r;.,.,nl-m 1/1