BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY

Transcription

1 BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) NO. SUPT ) T-Mobile ) FINDINGS, CONCLUSIONS ) AND DECISION For Approval of a Special Use Permit ) ) SUMMARY OF DECISION A request for approval of a Special Use Permit to construct and operate a wireless telecommunication facility at 7311 Old 101 Highway Northwest, Thurston County, WA, is GRANTED, subject to conditions. SUMMARY OF RECORD Request Terri Spencer of TLS Planning Services on behalf of T-Mobile (Applicant) requested approval of a Special Use Permit (SUP) to construct and operate an unmanned radio telecommunications facility at 7311 Old 101 Highway NW in Thurston County, WA. The facility would consist of a 180-foot self supporting monopole with three antenna arrays with two antennas per array for a total of six panel antennas (72-inches by 8-inches each). Four prefabricated cabinets would house the radio and backup battery system. The equipment cabinets would be secured to a precast cement pad located northeast of the monopole. The facility would be surrounded by a sixfoot chain-link barbed wire fence and locked gate. Hearing Date The Hearings Examiner of Thurston County held an open record hearing on the request on February 3, T-Mobile, SUPT Page 1 of 10

2 Testimony The following individuals presented testimony under oath at the open record hearing: Robert Smith, Thurston County Development Services Department; Terri Spencer, Applicant Representative; Bill Sandes; Applicant Representative; Joyce Roper. Exhibits At the hearing the following exhibits were admitted as part of the official record: EXHIBIT 1 Development Services Department Staff Report including the following attachments: Attachment a Attachment b Zoning/Site Map Site and Structure Plans Attachment c Special Use Permit Application, received August 9, 2002 Attachment d Attachment e Attachment f Attachment g Attachment h August 9, 2002 Project Description Letter from Terri Spencer September 16, 2002 Project Description Correction Letter from Terri Spencer June 19, 2002 Letter from Andrew Nenninger of Voicestream Concerning Applicant s Commitment to Comply with All Applicable Regulations, Allowing for Co-Location, and Dismantling of Facility May 16, 2002 Letter from Jeremy Boland, Voicestream RF Technician, Concerning Exemption from FAA Requirements June Engineering Certification prepared by Kathryn Brown, Voicestream RF Engineering Supervisor, Concerning RF Emission Levels Attachment i Photo Simulations of Proposed Tower Attachment j Tree Retention Easement Attachment k Mitigated Determination of Non-Significance, issued December 19, 2002 T-Mobile, SUPT Page 2 of 10

3 Attachment l Attachment m September 30, 2002 Comment Letter from John Ward, Thurston County Public Health and Social Services Department August 27, 2002 Comment Memorandum from Steve Jett, Thurston County Roads and Transportation Services Attachment n January 21, 2003 Preliminary Approval Recommendation Memorandum from Jack King, Thurston County Roads and Transportation Services Attachment o Attachment p Attachment q November 21, 1994 Board of County Commissioner Decision on Appeal of SUP , Wayne Knight Drainage and Erosion Control Plan for SUP , Wayne Knight Public Comment Letters 1. Douglas W. Mosher, December 30, Joyce Roper and Steve Rochelle, January 1, 2003 Attachment r Notice of Public Hearing, dated January 21, 2003 EXHIBIT 2 Public Comment Letter from Cami & Kris Anderson, dated January 30, 2003 EXHIBIT 3 Public Comment Letter from Debbie Carnevali, Department of Fish and Wildlife, dated January 23, 2003 EXHIBIT 4 Public Comment Letter from Kathryn Brown, dated January 27, 2003 Based upon the record developed at the open record hearing, the Hearings Examiner enters the following Findings of Fact and Conclusions in support of the decision: FINDINGS 1. Terri Spencer of TLS Planning Services on behalf of T-Mobile (Applicant) requested approval of an SUP to construct and operate an unmanned radio telecommunications facility at 7311 Old 101 Highway Northwest in Thurston County, WA. 1 The facility would consist of a 180-foot self supporting monopole with three antenna arrays with two antennas per array for a total of six panel antennas (72-inches by 8-inches each). Four prefabricated cabinets would house the radio and backup battery system. The equipment cabinets would be secured to a pre-cast cement pad located northeast of the monopole. 1 The legal description of the property is a portion of the southeast quarter of southeast quarter Section 34, Township 19 North, Range 3 West, W.M. The Assessor s tax parcel number is Exhibit 1, Staff Report, page 1. T-Mobile, SUPT Page 3 of 10

4 The facility would be surrounded by a six-foot chain-link barbed wire fence and locked gate. Exhibit 1, Staff Report, page 1; Attachment c, Application; Attachment d, Project Description Letter. 2. The subject property is zoned Rural Residential Resource One Dwelling Unit Per Five Acres (RRR 1/5). The RRR 1/5 district allows free standing wireless communication facility towers upon approval of a SUP. The RRR 1/5 district lists special uses that, because of their special impact or unique characteristics, can have a substantial adverse impact upon, or be incompatible with, other uses of land. Such an impact often cannot be determined in advance of the use being proposed for a particular location. Certain uses may be allowed to locate within given districts only through the review process of the special use permit and under the controls, limitations and regulations of such permits. Thurston County Code (TCC) Chapter establishes general and specific development standards for special uses and provides for a review process which will evaluate the location, scale and development characteristics of such uses and their impact on adjacent properties and the community as a whole. Exhibit 1, Staff Report, page 3; TCC ; TCC 20.09A Section of the Thurston County Zoning Ordinance establishes design standards for free standing freestanding wireless communication facilities (WCF). The standards, and the Applicant s proposal are: The maximum height of a WCF must not exceed 180 feet. The Applicant proposes a monopole with a height of 180 feet. Exhibit 1, Staff Report, page 4; Attachment a, Site Map; Attachment c, Application; Attachment d, Project Description Letter. The minimum setback from the base of the tower to a property line is 110-percent of the tower height. For a 180-foot tower, the setback must be at least 198 feet from all property lines. The proposed setback from the north property line is 99 feet, and the proposed setback from the west property line is 150 feet. TCC (2)(b) allows a reduced setback upon approval of the Hearing Examiner. The Applicant proposes to use natural screening to comply with the reduced setback standards. The setbacks from the east and south property lines exceed minimum requirements. Exhibit 1, Staff Report, page 4; Attachments a, b, d. All new freestanding WCFs must be designed and constructed to fully accommodate at least two additional WCF providers. The proposed telecommunications tower could accommodate two additional WDF providers. The site and structure plans depict future lease areas for the ground-based equipment of two future carriers. Exhibit 1, Staff Report, page 4; Attachment a, Site Map; Attachment d, Project Description Letter. Freestanding WCFs must be a minimum of 2600 feet from another freestanding WCF. There are no other existing freestanding WCFs within 2600 feet of the proposed site. Exhibit 1, Staff Report, page 4; Attachment d, Project Description Letter. T-Mobile, SUPT Page 4 of 10

5 The WCF must be sited to minimize visual impacts to residences on adjacent properties. The color of the towers and antenna shall have an non-glare finish in gray, blue, green, or other color to blend with the surrounding or the horizon. Screening of the tower base and equipment cabinets is required, whether by existing vegetation or through new plantings. The proposed site is located within an area of existing mature fir trees. The Applicant proposes a 50-foot wide tree retention easement. The proposed location within the trees would adequately screen the equipment located at the base of the tower, as well as the lower portion of the tower. In addition to the natural screen provided by the tree stand, the Applicant proposes to paint the tower a dark green in order to blend with the surrounding trees. Exhibit 1, Staff Report, page 4; Attachment a, Site Map; Attachment c, Application; Attachment d, Project Description Letter; Attachment j, Tree Retention Easement. A minimum six-foot high chain-link fence with privacy slats topped with three strands of barbwire shall be installed around the perimeter of the site. All freestanding WCFs must be fitted with anti-climbing devices. The Applicant proposes a fence that would be consistent with these security standards. Exhibit 1, Staff Report, page 4; Attachment a, Site Map. A minimum 10-foot wide access drive to the site, and parking space for one vehicle, must be provided. The Applicant proposes a twelve-foot wide access road leading up to a parking area that would comply with the parking standards. Exhibit 1, Attachment d, Project Description Letter. No signals, lights, or signs are permitted on WCFs unless required by the FAA or FCC. The Applicant does not propose to include signals, signs, or lighting. The structure does not required registration with the FAA; therefore, a beacon light is not required. Exhibit 1, Staff Report, page 5; Attachment g, Letter from Mr. Boland. The WCF must not exceed noise standards established in WAC or cause interference with electrical, transmission, or reception functions. The Applicant submitted an engineering certification report identifying radio frequency and power density levels expected from the proposed facility. The report states that the power output of the tower transmissions is extremely low and at a frequency that is not expected to produce interference. Noise output is not expected to exceed permitted levels. Exhibit 1, Staff Report, page 5; Attachments d, h. 4. The proposal was submitted to several County agencies for review and comment. The Environmental Health Department submitted comments related to water supply, sewage disposal, and hazardous wastes. The Roads and Transportation Service submitted comments related to access and drainage and erosion control. Exhibit 1, Staff Report, page 8; Attachments l, m, n. T-Mobile, SUPT Page 5 of 10

6 5. Surrounding land uses consist of Highway 101 and rural residences on large lots beyond to the north, private forest lands to the west, State owned forest lands to the south, and an automobile wrecking yard to the east. The closest residence to the proposed facility is approximately 580 feet way and is located across Highway 101. Exhibit 1, Staff Report, page 2; Attachment d, Project Description Letter. 6. Thurston County Code prohibits permit approval when a land use violation exists on the subject property. However, permit approval may be granted upon condition that the violation would be remedied. Violations related to SUP , a Home-Based Industry request decided November 21, 1994, currently exist on the subject property. The property owner, Mr. Wayne Knight, has exhibited interest in remedying the violation, has begun cleanup efforts, and has made substantial improvement towards compliance. Exhibit 1, Staff Report, page 9; Testimony of Ms. Roper; Testimony of Mr. Smith. 7. Five citizen participants submitted three written comments relating to the proposal. One participant commented on his concern about microwave radiation interfering with his television reception. The other four participants commented in favor of the proposal, stating that the proposed location is more favorable than the originally proposed Oyster Bay Road site. Exhibit 1, Attachments q(1), q(2); Exhibit 2, Anderson Letter. The Applicant responded to the comment relating to television reception by stating that all T-Mobile wireless communication facilities are constructed and operated in conformance with all applicable federal, state, and local regulations. As a condition of T- Mobile s FCC license, they must operate their equipment in a manner that will not interfere with television, radio, emergency services and other licensed or authorized use of the radio spectrum. The Applicant stated that if the equipment malfunctioned, creating a wider dispersion of radio signal, T-Mobile would replace the faulty equipment to avoid television interference. Exhibit 1, Attachment d, Project Description Letter; Exhibit 4, Letter from Ms. Brown. 8. Pursuant to the State Environmental Policy Act (SEPA), Thurston County was designated lead agency for review of environmental impacts caused by the proposal. The County issued a Mitigated Determination of Nonsignificance (MDNS) on December 19, The MDNS contains recommended conditions relating to drainage and erosion control, co-location, aesthetics, noise, and wildlife. With regard to wildlife, the County responded to a request by Washington State Fish & Wildlife (Department) to have access to monitor the site after construction by drafting a condition that provides such access for research purposes. The Department requested access to evaluate the impacts of various tower sizes, configurations, and lighting regimes on wildlife. Exhibit 1, Attachment k, SEPA MDNS; Exhibit 3, Letter from Department of Fish and Wildlife. No appeals were filed. 9. Notice of the open record hearing was published in The Olympian on January 24, 2003, and mailed to property owners within 1,400 feet of site on January 21, Notice was T-Mobile, SUPT Page 6 of 10

7 posted on the property on January 23, Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment r, Notice of Public Hearing. CONCLUSIONS Jurisdiction The Hearings Examiner is granted jurisdiction to hear and decide applications for Special Use Permits for wireless communication facilities pursuant to TCC Criteria for Review The Hearings Examiner may approve an application for a Special Use Permit for a wireless communication facility only if the specific standards set forth in TCC and the following general standards set forth in TCC are satisfied: 1. Plans, Regulations, Laws. The proposed use at the specified location shall comply with the Thurston County Comprehensive Plan and all applicable federal, state, regional, and Thurston County laws or plans. 2. Underlying Zoning District. The proposed use shall comply with the general purpose and intent of the applicable zoning district regulations and sub-area plans. Open space, lot, setback and bulk requirements shall be no less than that specified for the zoning district in which the proposed use is located unless specifically provided otherwise in this chapter. 3. Location. No application for a special use shall be approved unless a specific finding is made that the proposed special use is appropriate in the location for which it is proposed. This finding shall be based on the following criteria: a. Impact. The proposed use shall not result in substantial or undue adverse effects on adjacent property, neighborhood character, natural environment, traffic conditions, parking, public property or facilities, or other matters affecting the public health, safety and welfare. However, if the proposed use is a public facility or utility deemed to be of overriding public benefit, and if measures are taken and conditions imposed to mitigate adverse effects to the extent reasonably possible, the permit may be granted even though said adverse effects may occur. b. Services. The use will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities, or services existing or planned to serve the area. Conclusions Based on Findings 1. With conditions, the proposed use at the specified location will comply with all applicable laws and plans. The proposal is listed as a special use within the RRR 1/5 zoning district, and also complies with the requirements for freestanding wireless communication facilities. Although a code violation on the subject property currently T-Mobile, SUPT Page 7 of 10

8 exists, the property owner is taking necessary steps to remedy the violation and comply with the conditions listed in SUP Findings of Facts Nos. 1, 2, 3, The proposed use would comply with the general purpose and intent of the applicable zoning district regulations and sub-area plans. Open space, lot, setback and bulk requirements would be no less than that specified for the zoning district in which the proposed use is located unless specifically provided otherwise in this chapter. The proposed telecommunications facility would not have substantial adverse impacts upon or be incompatible with surrounding land. Thurston County Code (TCC) Chapter establishes general and specific development standards for special uses and provides for a review process that evaluates the location, scale and development characteristics of such uses and their impact on adjacent properties and the community as a whole. With conditions, the proposal would comply with the requirements of TCC Findings of Facts Nos. 1, 2, The proposed telecommunications facility is appropriate for the location on which it is proposed. Surrounding land uses consist of Highway 101 and rural residences on large lots beyond to the north, private forest lands to the west, State owned forest lands t the south, and an automobile wrecking yard to the east. The closest residence to the proposed facility is approximately 580 feet way and is located across Highway 101. The Applicant proposes a twelve-foot wide access road leading up to a parking area that would comply with the parking standards. The proposed site is located within an area of existing mature fir trees. The Applicant proposes a 50-foot wide tree retention easement. The proposed location within the trees would adequately screen the equipment located at the base of the tower, as well as the lower portion of the tower. In addition to the natural screen provided by the tree stand, the Applicant proposes to paint the tower a dark green in order to blend with the surrounding trees. The tower would not burden existing public facilities and services in the area, and it would not require public water or sewer service. Findings of Facts Nos. 1, 2, 3, 5. DECISION Based upon the preceding Findings of Fact and Conclusions, the request for approval of a Special Use Permit to construct and operate a PCS telecommunications facility located at 7311 Old Highway NW in Thurston County, WA is GRANTED, subject to the following conditions: A. Prior to final plat approval, the following Health Code related conditions shall be met: 1. No hazardous materials are to be generated or stored on-site. 2. The facility is to have no running water 3. The facility is to be unmanned, with no restroom facilities on-site T-Mobile, SUPT Page 8 of 10

9 B. Prior to final plat approval, the following Roads and Transportation Department related conditions shall be met: 1. The final design shall remain in compliance with the 1999 Thurston County Road Standards, the 1994 Drainage Design and Erosion Control Manual, and the Thurston County Utility Ordinance (TCC 13.56). C. There shall be no rotary converters, generating machinery or other equipment that would cause substantial (above regulated standards at the property lines) odors, smoke, noise, electrical interference or similar disturbances. D. The tower shall be no higher than 180 feet above grade, including antennas. E. There shall be no limit on the number and types of antennas permitted on the tower so long as the structure is designed to safely accommodate them. At the time of building permit application, the Applicant shall submit information showing how many antennas can be located on the tower, including those of additional carriers. F. The tower shall be designed and built to accommodate co-location of at least two additional carriers plus the Thurston County Public Safety Network (if needed) and shall be made readily available for co-location by other carriers. The Applicant shall accommodate the requirements of other carriers to co-locate on the tower. This may include such items as providing assistance in finding the required fixtures to attach to the tower and providing ample equipment storage space. G. Any carrier wishing to co-locate antennae at this facility shall submit power density calculations identifying the cumulative power density levels of the proposed co-locating antennae and existing antennae at this facility. To gain approval for co-location the prospective carrier must demonstrate that the cumulative power density is within federal guidelines. H. The most non-invasive technology reasonable to minimize the impact of the tower on surrounding properties shall be employed in its design. Unless other more suitable technology is to be utilized, the tower shall be painted with a non-glare dark green color. Color chips or samples shall be presented to the Development Services staff for approval prior to the issuance of building permits. I. A minimum six-foot high chain-link fence with dark green privacy slats, topped with three strands of barbwire shall be installed around the perimeter of the site. The fence will require a building permit. J. Prior to issuance of building permits, the Applicant shall cause an easement, signed by the property owner, to be recorded with the Thurston County Auditor, establishing the T-Mobile, SUPT Page 9 of 10

10 50-foot wide tree and vegetation retention easement, as specified in TCC (5)(c)(i). K. The tower shall be unlit. L. The facility shall be removed within one year after the use of the tower is discontinued. A signed statement agreeing to this condition shall be provided to the Development Services Department prior to the issuance of building permits. This requirement shall be disclosed to future buyers of the tower. M. The Applicant shall notify the Development Services Department of any changes in ownership, and any significant changes in technology or operation effecting the facility within 60 days of the change. The current owner of the tower must provide all documents containing conditions of approval to each new owner or lessee. N. All conditions from the Mitigated Determination of Nonsignificance shall be met. O. Prior to obtaining building permits the Applicant must produce a recorded easement describing a minimum of a 12-foot wide access drive to the site. P. Prior to operation of the Wireless Communication equipment, all violations of SUP shall be remedied. Operation of the Home-Based Industry shall comply with all conditions of its approval. Q. All development on the site shall be in substantial compliance with the approved site plan. Any expansion or alteration of this use beyond that initially approved by the Hearing Examiner will require approval of a new or amended Special Use Permit. The Development Services Department will determine if any proposed amendment is substantial enough to require Hearing Examiner approval. R. If the Applicant/Developer is notified that television interference is occurring, the Appliant/Developer shall immediately take measures to correct the problem, including repairing or replacing faulty equipment. S. The Applicant shall withdraw its application for an alternate site, SUPT , submitted April 5, 2001, prior to final approval of the building permit for this application. Decided this 13 th day of February K:\zoning.lu\DECISION\SUP\ decision.T-Moblie.doc Ted Hunter T-Mobile, SUPT Page 10 of 10