Douglas County Hearing Examiner

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1 Douglas County Hearing Examiner Andrew L. Kottkamp, Hearing Examiner I~ THE MATTER OF ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, ) DECISION AND ) CO~DITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the Douglas County Hearing Examiner on June 28, 2012, the Hearing Examiner having taken evidence submits the following Findings of Fact, Conclusions of Law, Decision and Conditions ofapproval as follows: I. FINDINGS OF FACT 1. The applicant is RiverCom 911, PO Box 3344, Wenatchee, WA General Description: RiverCom 911 has submitted a conditional use permit application to install a new 160 foot self-supporting tower and 8x20 foot equipment shelter, to better serve the citizens of Chelan and Douglas Counties. 3. The subject property is located approximately 1.5 miles east of Rock Island Grade Road, and is further described as being located in the Southeast 1;4 of Section 13, Township 23 North, Range 23 East, W.M., Douglas County, Washington. The Douglas County Assessor Number for the subject property is Total Project Size: Power/Electricity: +/- 640 acres, tower to be located in leased 8'X20' area Douglas County PUD The site is relatively flat to rolling grazing land for cattle. The SUIToundiug p.wperty is HUI.ulau,-" or vacant land. 7. The project will access via an existing internal access road which accesses Rock Island Grade Road. 8. The subject property is located in the RR-20 Zoning District. 9. Telecommunication facilities are permitted in the Rural Resource 20 (RR-20) Zoning District upon approval of a conditional use permit. I O. Comments from reviewing agencies have been considered and addressed where appropriate. Page 1 of th St. NW East Wenatchee, WA

2 11. Proper legal requirements were met and surrounding property owners were given the opportunity to comment on the proposal at a public hearing. 12. Surrounding property owners were given the opportunity to comment on the proposals, can request a copy ofthe decision, and can appeal the decision subject to the requirements outlined in DCC Title The applicant has demonstrated siting criteria per D.C.C (E). 14. RiverCom 911 issued a MDNS on May 3,2012 in accordance with WAC RCW permits the leasing land for facilities providing personal wireless services. 16. Douglas County Critical Areas maps identify geclogically hazardous areas (severe building soils) on the subject property. 17. Communication tower design calculations by Roger T. Alworth a professional engineer, dated , were submitted. 18. Power is available at the site. Adequate clearances from existing underground cables and pad mounted transformer must be maintained. 19. Propane storage shall comply with DCC and and a permit is required prior to installation. 20. No fire protection district serves this section ofdouglas County. 21. Public and agency comments that were received were considered by the Hearing Examiner in rendering this Decision and forming Conditions of Approval. 22. The entin;~ Planning Stafffile was admitted into the record at the public hearing. 23. The Douglas County Department ofland Services recommended approval ofthe requested permit, subject to the recommended conditions of approval. 24. An open record public hearing after due legal natice was held on June 28, Appearing and testifying on behalfofthe applicant was Josh Humphrey. Mr. Humphrey testified that he was an agent authorized to appear and speak on behalfofthe applicant. Mr. Humphrey testified that the tower would enhance 911 communications and would also be utilized by Public Utility District two-way radio transmissions and the Palisades School District. Mr. Humphrey indicated that he had no objection to any ofthe proposed conditions. He indicated he had no objection to the new proposed conditions set forth in Exhibit Supplemental materials were submitted by staff at the hearing which were the following exhibits: Page 2 of6

3 26.1 Exhibit 1: June 21, 2012, comment letter from State of Washington Department of Fish and Wildlife to Douglas County Transportation and Land Services along with an string between Eric Pentico of Washington State Department offish and Wildlife and Glen DeVries of Douglas County Transportation and Land Services between June 19,2012, to June 21, Exhibit 2: A June 27, 2012, memorandum from Douglas County Transportation and Land Services, Land Services Staff, to the Douglas County Hearing Examiner Exhibit 3: Aerial photograph of the vicinity of the subject property demonstrating a 1,000 foot buffer from the Priority Habitat Species points from the proposed project area. 27. Douglas Crumty bas the authority to follo\vand enforce what is listed irt the Douglas County Code, Title 19 'Environment' in regard to Priority Habitat Species sites, critical areas, and habitat conservation areas. According to Douglas County GIS records, a Priority Habitat Species site with a 1,000 foot buffer exists on the subject property. The edge of the 1,000 foot buffer is approximately 460 feet from the proposed lease site. Mule deer habitat is also shown as present on the subject property, and blankets not only the proposed tower site, but most of Douglas County. 28. Because the site is not within the 1,000 foot Priority Habitat Species site or buffer, Douglas County review and study requirements were not initiated or authorized under county code. 29. The proposal is appropriate in design, character and appearance with the goals and policies for the land use designation in which the proposed use is located. 30. The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval 31. The cumulative impact of additional requests for like actions (the total ofthe conditional uses over time or space) will not produce significant adverse effects to the environment that cannot be mitigated by conditions of approval. 32. The proposal will be served by adequate facilitles including access, fire protection, water, storm water control, and sewage disposal facilities. 33. The location, size, and height ofbuildings, structures, walls and fences, and screening vegetation for the proposed use will not unreasonably interfere with allowable development or use ofneighboring properties. 34. The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the neighborhood. 35. Land uses, activities, and structures that are allowed by this conditional use permit will comply with the required performance standards specified. Page 3 of6

4 36. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. CONCLUSIONS OF LAW 1. The Hearing Examiner has been granted authority to render this decision. 2. As conditioned, the development will not adversely affect the general public health, safety and general welfare. 3. As conditioned, the proposal is consistent with Title 18, "Zoning"; Title 19, "Environment"; and Title 20, "Development Standards", of Douglas County Code and the goals and policies of the Douglas County Countywide Comprehensive Plan. 4. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Douglas County Countywide Comprehensive Plan. 5. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 6. Public use and interests will be served by approval of this proposal. 7. As conditioned, the proposal is consistent with Title 18 "Zoning" of the Douglas County Code. 8. As conditioned, the proposed use is consistent with the intent, purposes and regulations of the Douglas County Code and Comprehensive Plan. 9. As conditioned, the proposal does conform to the standards specified in Douglas County Code. 10. As conditioned, the use will comply with all required performance standards as specified in Douglas County Code. 11. As conditioned, the proposed use will not be contrary to the intent or purposes and regulations of the Douglas County Code or the Comprehensive Plan. 12. As conditioned, this proposal does comply with Comprehensive Plan, the Shoreline Master Program, the zoning code and other land use regulations, and SEP A. 13. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. DECISION Based on the above Findings of Fact and Conclusions of Law, Application, RiverCom 911 Tower, is hereby APPROVED subject to the following Conditions of Approval. Page 4 of6

5 IV. CONDITIONS OF APPROVAL All Conditions of Approval shall apply to the applicant, and the applicant's heirs, successors in interest and assigns. 1. All conditions imposed herein shall be binding on the "Applicant," which terms shall include the owner or owners of the property, heirs, assigns and successors. 2. The project shall proceed in substantial conformance with the plans and application materials submitted May 18,2012, amended on May 21,2012, May 23, 2012, May 24, 2012 and on file except as amended by the conditions herein. 3. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations, and must obtain all appropriate permits and approvals. 4. A building permit is required prior to site work. 5. A geologic hazard area risk assessment consistent with DCC 19.18D shall be submitted with the building permit application. 6. The commercial building permit must meet all IFC requirements. 7. Propane storage shall comply with DCC and and a permit is required prior to installation. 8. Adequate clearances from existing underground cables and pad mounted transformer must be maintained. 9. Per D.C.C.l ; the property owner, applicant and/or co-applicant shall maintain the telecommunication facility and the site in good repair. Such maintenance shall include, but shall not be limited to, painting, structural integrity and landscaping. Failure to maintain the facility may result in enforcement action pursuant to DCC Chapter 14.92, including permit revocation. 10. Per D.C.C ; any telecommunications support structure that has been discontinued for a period ofone hundred eighty successive days, or ifthe antenna(s) mounted thereon are not operated for a period of one hundred eighty successive days, shall be considered abandoned, and the owner thereof shah remove such structure and any accompanying equipment enclosure within ninety days. Ifsuch structure and equipment enclosure are not removed, the county may seek and obtain a court order directing such removal and impose a lien upon the real property upon which such structure is situated in an amount equal to the cost ofthe removal 11. An access easement to reach the leased area across adjacent property must be recorded and submitted with the building permit. 12. The building permit shall be signed by the property owner. RiverCorn 911 Tower Page 5 of6

6 Dated this 29 th day ofjune, Any aggrieved party or agency of record may request a reconsideration of this Hearing Examiner's decision. Motions for reconsideration must be filed with the Department within ten (10) days from the date of issuance as defined by RCW 36.70C.040(4)(a). Unless otherwise provided, the filing of a motion for reconsideration shall not stop or alter the running of the period provided to appeal the Hearing Examiners decision to Superior Court. Motions for reconsideration are governed by Douglas County Code Anyone aggrieved by this decision has twenty-one (21) days from the issuance of this decision, to file an appeal with Douglas County Superior Court, as provided for under the Judicial Review of Land Use Decisions, RCW 36.70C.040(3). The date of issuance is defined by RCW 36.70C.040 (4)(a) as "(t)hree days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available" or if this section does not apply, then pursuant to RCW 36.70C.040(3) (c) "...the date the decision is entered into the public record." Anyone considering an appeal of this decision should seek legal advice. Page 6 of6

DOUGLAS COUNTY DEPARTMENT OF HEARING EXAMINER th Street NW East Wenatchee, WAS BEFORE THE DOUGLAS COUNTY HEARING EXAMINER

DOUGLAS COUNTY DEPARTMENT OF HEARING EXAMINER 140 19 th Street NW East Wenatchee, WAS 98802-4109 BEFORE THE DOUGLAS COUNTY HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, )