PSE CUP APPLICATION CITY OF BAINBRIDGE ISLAND
OFFICE
OF
THE
HEARING
EXAMINE~,~ ~ ...... ,. ,~ ~
APPLICATION FOR ) CUP03-22-01-1
CONDITIONAL USE PERMIT ) FINDINGS OF FACT
APPLICANT: PUGET SOUND ENERGY ) CONCLUSIONS OF LAW
) AND DECISION
SUMMARY
Puget Sound Energy filed an application for a Conditional Use Permit to allow
replacement of three utility poles with taller poles equipped with an antenna and control box for
an Automated Meter Reading System (AMR). The replacement pole and antenna will be 108-feet
in height. A control box will be mounted approximately 2-£eet from ground level on the pole.
Landscaping will provide some visual screening around the pole and control box. This automated
meter reading system is being proposed by Puget Sound Energy to provide more accurate utility
ctse intbrmation to its customers. A conditional use permit for these three locations is approved
with conditions.
FINDINGS OF FACT
Puget Sound Energy is a private utility which provides electrical service to citizens of
Bainbridge Island under a franchise agreement with the City of'Bainbridge Island.
2. Puget Sound Energy has utility poles located within the public right-of-way throughout
the city of Bainbridge Island. These poles have been established at locations agreed to by the
City.
Puget Sound Energy wishes to replace wooden utility poles located at 5374 Rose Avenue
NE, 12060 Madison Avenue NE, and 7300 Spring Ridge Road NE. The utility poles at the Rose
&_venue and Madison Avenue sites are located within the city right-of-way. The utility pole on
Spring Ridge Road NE is located on private property next to the public right-of-way. These
poles will be replaced with taller wooden utility poles, with an omni-directional whip antenna
connected to the top of each pole. The pole and antenna together will reach a height of 108-feet.
Fhe additional height is required to position the antenna just above the tops of the trees located
near the sites. An automated meter reading control box will be mounted on the pole, a few feet
off the ground. Locating the antenna just above the treetops will allow the AMR system to
"read" other AMR equipment and signals from residential meter boxes. The 108-foot in height
requested by Puget Sound Energy is the minimum height necessary to maximize the operation of
~he AMR system over a wide range. Only three sites have been requested to service the city.
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This system will help provide more detailed electrical service accounting so that Puget Sound
Energy customers can monitor their energy use.
4. Elevation drawings and photo simulations for each site have been provided by Puget
Sound Energy [EXHIBITS 7 and 31]. These drawings and photo simulations demonstrate that
the antennae will be effectively screened by surrounding trees. These three locations were
selected, in part, because of their elevation and surrounding topography. Locating the antennae
on ridgelines helps maximize the coverage area for each control station. No trees will be
removed to locate these new poles. Landscaping will be planted at the base of the poles to
provide a partial screen of the pole and control box.
5. Puget Sound Energy provided a report which details the technical support information for
the AMR project (Attachment O to the Staff.Report dated September 26, 2001.) According to
that technical support information, the transmitters used in the Puget Sound Energy AMR system
are in full compliance with all FCC rules and regulations. The devices operate at very low power
levels. They operate at approximately the same power level and in the same frequency band as a
cordless telephone.
6. The three proposed sites are all located on property that has been zoned R-0.4 Residential.
The properties also have a Comprehensive Plan designation of O SR-0.4. BIMC 18.36.030 (K),
allows private and public utility buildings and structures in the R-0.4 zone as a conditional use.
7. The Eagledale and Port Madison sites are located within the City of Bainbridge Island
right-of-way. The Fletcher Bay site is located on property owned by Ruth and Victor Devine.
Mr. and Mrs. Devine have signed an Owner/Applicant Agreement giving their approval to this
application for a conditional use permit to replace the utility pole located on their property.
8. The conditional use permit application contained a clerical error, identifying the Devine
property with an address of 7635 Spring Ridge Road. The actual address of the Devine property
~s 7300 Spring Ridge Road. The incorrect address was included on all notices published in this
matter. The Notice of Hearing was posted at 7300 Spring Ridge Road. A vicinity map was
included in the notice documents identifying the correct location. The Owner/Applicant
~_greement signed by Mr. and Mrs. Devine also included the correct address. One comment letter
was received regarding the Spring Ridge Road location. The comment letter was from Bill
Ostling who resides at 7700 Spring Ridge Road NE. Mr. Ostling's letter indicates that he
identified the location for the proposed antenna because he observed the posted notice at the site.
/,
, See EXHIBIT 24]
9. The AMR devices which will placed at these three sites perform a utility related function
and do not perform a wireless communication function. The AMR devices will consist of an
antenna and a connecting box. The AMP, equipment will gather meter reading data and send it to
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a central point where a report containing the data is created. The AMR facilities function
internally only and do not allow for the transmission of signals to be transmitted to third parties.
l'he equipment box is designed as a piece of utility equipment and it is intended to be hung on the
utility pole, similar to a transformer. The box is not airtight and cannot be placed underground or
directly on the ground. The equipment box must be hung vertically, due to coaxial cable location
and access requirements, and requires venting. The whip antennae must be placed at a certain
height above the ground in a residential area, in order to allow the antenna to pick up signals from
surrounding residential utility meters.
10. Puget Sound Energy and the City of Bainbridge Island are participants in a franchise
agreement to provide electric current power to the city of Bainbridge Island. Under the terms of
that agreement Puget Sound Power and Light Company (now Puget Sound Energy) has the right
to "erect, place, construct, maintain and use poles and all convenient or necessary appurtenances,
equipment and facilities for ..... sale of electric current for power within the streets, avenues, alleys
and public places in the town of Winslow (now Bainbridge Island)." [EXHIBIT 28.] This
tYanchise agreement also gives Puget Sound Energy the right to "charge and collect tolls, rates
and compensation for such current power, heat, light and other uses." [EXHIBIT 28.] This AMR
device will be an upgrade to Puget Sound Energy's electric utility system serving the city of
Bainbridge Island. This AMR system will allow Puget Sound Energy to gather data from its
customer's meters without sending a meter reader to individual residences. This new equipment
will allow Puget Sound Energy to more efficiently and effectively access the meter data, and will
provide a greater detail to utility customers, allowing them to more accurately assess their energy
usage This AMR system will provide detailed data to the individual customer and assist
customers in monitoring energy usage for purposes of the conservation of energy. One purpose
of this type of equipment is to provide a "time of use" monitoring system, to encourage the
conservation of energy.
11. At the public hearing Puget Sound Energy representatives stated that collocation of
telecommunications equipment would not be allowed on the utility poles equipped with the AMR
system.
12. On October 11,2001 a public hearing was held before the Hearing Examiner to consider
the application. Prior to the hearing, notice was published in the Bainbridge Review on
September 26, 2001; notice of the public hearing was mailed to the owners of property within 300
feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce,
and the Ferry Terminal on September 21, 2001; notice was posted at the subject property on
September 25, 2001. [EXHIBIT 40.]
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CONCLUSIONS OF LAW
1. This application for a Conditional Use Permit is properly before the Hearing Examiner for
processing under BIMC 18.108. Adequate legal notice was given of the public hearing held on
October 11, 2001.
2. A SEPA Determination of Non-Significance was issued on this application on September
19, 2001. No appeal of the SEPA decision was filed and the decision became final on October 4,
2001
3. To qualify for a conditional use permit in the R-0.4 zone, the Puget Sound Energy
application must show compliance with the requirements listed in BIMC 18.108.040.
4. BIMC 18.108.040.(A) states A conditional use may be approved or approved with
modifications if: 1. The conditional use is' harmonious and appropriate in design, character and
appearance with the existing or intended character and quality of the development in the
immediate vicinity oft he subject property and with the physical characteristics oft he subject
property;
Puget Sound Energy has proposed replacing utility poles already in use at each of these
locations. The new utility poles will be wood utility poles, with a similar circumference to the
wood poles being replaced. The new poles will be considerably higher than the poles they are
replacing, however, this increase in height will cause little impact on surrounding neighborhoods.
The taller poles are screened by existing trees so that their visual impact will be minimized. Utility
poles are a part of the usual landscape in residential neighborhoods and the replacement of the
standard height pole with this higher pole with a thin antenna on its top will not adversely affect
the character and quality of the neighborhoods chosen for AMR system location. Photo
simulations provided by Puget Sound Energy demonstrate the minimal impact the addition of
these new poles will have on each of the three sites selected. Each of these sites has been selected
in part because of its elevation and potential screening by mature vegetation. Only three sites
have been requested. Locations of the new poles on tidgelines will maximize data collection area
coverage and eliminate the need for other AMR stations elsewhere in the city.
The Madison Avenue site is next to a commercially developed parcel which contains the
massive water storage tank maintained by North Bainbridge Water Company. The new pole will
be located in the public right-of-way, in front of the tanks, thus reducing the impact on
neighboring residential property.
The Eagledate site is located in the tight-of-way on the southeast comer of the park, away
from view orientations enjoyed by park users. It will be located near a stand of mature trees
which will help to screen it from sight. The bottom of the pole will have landscape screening to
blend its appearance into surrounding shrubery.
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The Spring Ridge Road site is also near tall trees which will help to screen the pole from
off-site vistas.
5. BIMC 18.108.040.(A) states ,4 conditional use may be approved or approved with
modifications ff.'... 2. The conditional use will be served by adequate public facilities including
roads', water, fire protection, sewage disposal facilities and storm water drainage facilities;
The utility poles at the Rose Avenue NE site and at the Madison Avenue NE will be
located on City of Bainbridge Island public right-of-way. The Spring Ridge Road site is located
on private property next to Spring Ridge Road, in an area immediately adjacent to the developed
roadway. The AMP, stations will be accessible from the existing roads. Maintenance of the
systems and data collection from the equipment boxes will be readily accessible off the existing
public roads. Fire protection will be provided by the Bainbridge Island Fire Department. This
new utility structure will not require sewage disposal service, stormwater drainage facilities, or
potable water service.
6. BIMC 18. 108.040.(A) states ,4 conditional use may be approved or approved with
modifications if.'... 3. The conditional use will not be materially detrimental to uses or property
itt the immediate vicinity of the subject property;
The proposed taller utility poles and the attached AMR whip antennae and control boxes
will not be materially detrimental to uses or property in the immediate vicinity of these sites.
Puget Sound Energy submitted a copy of a detailed report from their consultant Schlumberger
RMS which describes the radio frequency emissions and other technical support data for the
CellNet transmitters which will be used in the AMR system. The data provided by Puget Sound
Energy states that these low power devices have no significant effect on the quality of the human
environment. The devices operate at very low power levels and comply with radio frequency
energy exposure guidelines issued by the FCC. Since the antennae will be installed on the tops of
the utility poles, they will be located many feet above surrounding structures, thus reducing the
possibility of radio energy exposure for surrounding property owners. The power and frequency
described in the technical support information indicates that the frequencies transmitted are similar
to those transmitted by a personal cell phone.
There was some testimony at the hearing regarding the possible loss of parking area along
the street near Eagledale Park. While there will be some landscaping around the bottom of the
new pole to screen the control boxes, this will have a minimal impact on the continued use of the
surrounding right-of-way for overflow parking. The purpose of the pole landscaping will be to
soften the visual aspect of the equipment installation but not necessarily to provide a complete
visual screening. The landscaping will not interfere with the use of the public right-of-way. The
landscaping plan will be approved by the Director of the Department of Planning and Community
Development (DPCD) prior to installation.
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The proposed additional height for the new utility poles at these three sites will not be
materially detrimental to the uses of property in the vicinity, since existing trees at each site will
help screen the taller utility poles. The antennae will be 1 O-feet tall and 3-4 inches in width and
will not be readily visible from off-site. The antennae will be visible just above the treetops. The
pole circumference and composition material will be consistent with other utility poles located
along the right-of-way at these three locations.
7. BIMC 18.108.040.(A) states A conditional use may be approved or approved with
modifications if'... 4. The conditional use is in accord with the comprehensive platt;
This proposed use conforms to comprehensive plan policies as outlined on Page 5 of the
Staff Report. Bainbridge Island Comprehensive Plan E. 1.1., states... The city shall recognize
Puget Power's public service obligation to make additions to, and improvements' of electric
utiliO/ facilities that provide adequate capacity for planned future growth. This Puget Sound
Energy project is a technology upgrade for the Puget Sound Energy system that will provide
benefits to customers. This system will automatically report power outages so that Puget Sound
Energy can respond more quickly. The system will also allow customers to monitor their electric
power usage and make decisions about when to use power and when to conserve. The
Comprehensive Plan also states at E. 1.3. The city shall encourage Puget Power to improve the
reliability of electric service for city residents so that it attains the average level of reliability of
/he Puget Power system. This new technology proposal will help improve the reliability of
electrical service for customers on Bainbridge Island by providing information about power
outages directly to Puget Sound Energy, and locating those outages without the necessity of a call
from the customer. This should improve the time required to restore power in the event of an
outage. This new AMR system should provide a service to customers which will give them
information about their individual power usage on a time of day basis, to help those customers
make decisions about power usage.
These new utility poles are being located on ridgelines at three locations throughout the
~sland. The trees along the ridgeline will not be removed. The sites have been chosen to
maximize the data gathering coverage area for each site and to maximize the number of houses
which can be serviced by each site. Puget Sound Energy has requested only three site locations to
service most of Bainbridge Island. These three sites are the minimum number necessary to
establish the program described in the application. The locations chosen are near existing tall
trees which will provide some visual screening and will minimize the visual impact on the island
landscape as recommended by the goals and policies of the Comprehensive Plan. No trees will be
removed for the installation of these facilities. In addition, Puget Sound Energy will continue to
use wood utility poles at these locations, rather than changing those poles to metal or cement
poles. This wooden utility pole will more effectively blend in with the surrounding mature trees
adjacent to the poles. Photo simulations provided by Puget Sound Energy show that there will be
very little visual impact to any of these sites as a result of the addition of the taller utility pole with
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the thin antenna mounted at the top.
8. BIMC 18.108.040.(A) states A conditional use may be approved or approved with
modifications if.'... 5. The conditional use complies with all other provisions of this code;
This project will comply with the land use requirements of BIMC. The proposal is for the
construction of a public utility structure which is designated as a conditional use in the R-0.4
zone. Structure height limitations may be waived if it can be shown that the provisions of BIMC
18.36.070 can be met. BIMC 18.36.070 (2)-(7) do not apply to this application. This application
demonstrates that view opportunities at these sites will not be substantially reduced by the
increased height of these utility poles. The proposal is for utility poles and antennae up to 108-
feet in height. This height is necessary to elevate the antennae above the trees located near the
sites chosen. These trees will provide visual screening for the higher utility pole, however, in
order for the AMR system to work effectively, the antennae must be located above the tree tops.
Photo simulations provided with the application for each site demonstrate that these new
poles will not substantially reduce view opportunities. The Bainbridge Island Park District
expressed concern about impacts to view orientation at Eagledale Park. Most view opportunities
t¥om Eagledale Park are to the north and northeast orientation. The proposed new utility pole
will be located along Rose Avenue NE, southeast of the park. Mature trees presently located in
that area of the park will screen the pole and antenna from view by users of the park. Likewise
the Spring Ridge Road NE site is across from tall evergreen trees which will screen view
opportunities from off-site. The Madison Avenue NE site is adjacent to the North Bainbridge
Water Company water tanks, and the placement of this new utility pole at that location will not
substantially diminish view opportunities.
This AMR system does not have a "wireless communications" function, subject to the
requirements of BIMC 18.88. The AMR equipment installed at these three locations will gather
meter reading data and send it to a central point, where a report containing the data is created.
l'he data is not transferred directly from the AMR equipment to Puget Sound Energy, therefore,
Puget Sound Energy concludes that no "telecommunication activity" is associated with the
operation of the AMR devices. [EXHIBIT 28]
9. BIMC 18.108.040. (A) states A conditional use may be approved or approved with
modifications if.'... 6. The conditional use will not adversely affect the area or alter the area's
predominantly residential nature;
Utility poles are usually found in the public right-of-way within residential areas. That has
been the history of these three sites. Utility poles presently exist at these locations. These new
poles will replace existing poles and will be similarly located. The additional height of the new
poles will not adversely affect the areas chosen for their installation. These three sites have been
zoned for residential use, however, the sites have been carefully chosen to minimize the impact on
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the residential development in the area, by the placement of the poles in areas where mature trees
will help screen the additional height. Information provided by Puget Sound Energy indicates that
transmissions from these antennae will be of a very low power level and will not adversely impact
the use of surrounding properties for residential purposes. View opportunities from these sites
will not be materially altered as a result of the installation of a taller utility pole.
10. BIMC 18.108.040. (A) states A conditional use may be approved or approved with
modifications if.'... 7. All necessary measures have been taken to eliminate the impacts that the
/~roposed use may have on the surrounding area;
Twelve sites were examined as possible locations for these taller utility poles with
antennae. Special consideration was given to choosing sites where the impacts to surrounding
properties would have the least effect. Each of these sites has been selected in part because
mature trees growing near the site will help provide visual screening for the added height. Rather
than replace the poles with a metal or cement pole, wood utility poles will be used for the
replacement pole to remain consistent with other standard utility poles located in the area. The
system has been designed with a thin omni-directional antenna with a Iow power level. This will
~ninimize both the visual impact of the new utility structure as well as minimizing the radio
~'requency emissions transmitted from the pole.
The Spring Ridge Road NE site is located near a "Voice Stream Wireless" monopole.
'Fhe DPCD has suggested that the AMR system might be co-located on that Voice Stream
Wireless monopole. Testimony from Puget Sound Energy employees at the hearing indicated that
collocation on the monopole, as it is presently built, would not work well for the AMR system.
?uget Sound Energy has agreed to explore the possibility of collocation at the Spring Ridge Road
NE location, prior to beginning installation of a new utility pole on Spring Ridge Road. This
collocation would reduce the impact of having two antenna installations near that site. New
utility poles in the public right-of-way do not allow collocation with wireless communications
facilities.
11. This application for installation of three new utility poles equipped with a whip antenna
and control box for an AMR system can comply with the requirements of B1MC for a conditional
use permit provided conditions are added to the conditional use permit approval. Those
necessary conditions are as follows:
1. Prior to installation of the new poles and control stations, the applicant shall
provide a landscaping plan that will screen the control station boxes at the
base of the poles without creating a safety issue for users of the public right-
of-way. The plan shall be reviewed and approved by the Department of
Planning and Community Development and the Department of Public Works
prior to pole replacement.
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2. Puget Sound Energy shall investigate the possibility of collocating their AMR
system at the Spring Ridge Road site onto the Voice Stream Wireless
monopole located at 7418 Spring Ridge Road. Puget Sound Energy shall
provide to the Director of Planning and Community Development, an
evaluation of the monopole location for its AMR system. The AMR system
shall be located on the monopole, unless the Director concludes from the
information provided, that the function of the AMR system will be
significantly impaired by collocation on the monopole, or that it is physically
impossible to collocate both systems on the Voice Stream Wireless monopole.
The utility pole at 7300 Spring Ridge Road shall not be replaced by the taller
wood utility pole for the AMR system until the Director of DPCD has made a
determination that collocation on the Voice Stream monopole is not feasible.
3. No wireless communication facilities will be collocated on these new Puget
Sound Energy AMR system utility poles.
DECISION
A conditional use permit is granted allowing replacement of existing utility poles at 5374
Rose Avenue NE, 12060 Madison Avenue NE and 7300 Spring Ridge Road NE with a wood utility
pole equipped with an AMR system. Each of the three new utility poles and its attached antenna
shall measure no greater than 108-feet in height. This conditional use permit is approved subject to
Conditions 1, 2 and 3 listed in Conclusion of Law 11 above.
Dated this 13th day of J~f~ry, 2002
By: Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This Hearing Examiner's Decision may be appealed to the City Council in accordance with the
provisions of BIMC 2.16.140
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FILE I
2. Puget Sound Energy shall investigate the possibility of collocating their AMR
system at the Spring Ridge Road site onto the Voice Stream Wireless
monopole located at 7418 Spring Ridge Road. Puget Sound Energy shall
provide to the Director of Planning and Community Development, an
evaluation of the monopole location for its AMR system. The AMR system
shall be located on the monopole, unless the Director concludes from the
information provided, that the function of the AMR system will be
significantly impaired by collocation on the monopole, or that it is physically
impossible to collocate both systems on the Voice Stream Wireless monopole.
The utility pole at 7300 Spring Ridge Road shall not be replaced by the taller
wood utility pole for the AMR system until the Director of DPCD has made a
determination that collocation on the Voice Stream monopole is not feasible.
3. No wireless communication facilities will be collocated on these new Puget
Sound Energy AMR system utility poles.
DECISION
A conditional use permit is granted allowing replacement of existing utility poles at 5374
Rose Avenue NE, 12060 Madison Avenue NE and 7300 Spring Ridge Road NE with a wood utility
pole equipped with an AMP, system. Each of the three new utility poles and its attached antenna
shall measure no greater than 108-feet in height. This conditional use permit is approved subject to
Conditions 1, 2 and 3 listed in Conclusion of Law 11 above.
Dated this 13th day of February, 2002
/S/Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This Hearing Examiner's Decision may be appealed to the City Council in accordance with the
provisions of BIMC 2.16.140
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