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May 14, 2007 Snohomish County Council Attention: Clerk of the Council 3000 Rockefeller Avenue Everett, WA 98201 Subject: Docket XII, Item GPP1, Highberger - Utilities Dear Sirs: I write you to support the subject Docket XII item which proposes revising Snohomish County Code (SCC) 30.91U.110 to exclude radio and television from the definition of �Utility�. Snohomish County Code currently states �Utility� means an entity whose principal purpose is to provide electricity, water, sewer, storm drainage, gas, radio, television, telephone and/or other forms of communication utilizing the electromagnetic spectrum to the public.� I oppose this current definition which allows AM radio and non-cable television to be classified as a utility because it is obsolete and contrary to federal, state, and other Washington county definitions. Other jurisdictions recognize that a true utility is a sole provider of commodities conveyed directly to the consumer in a given geographic region, and is regulated by the Washington State Utility and Transportation Commission. According to the Snohomish County Council record, the word �utility� was initially defined by the county for land use purposes as a part of Ordinance #82-02 on March 29, 1982 in order to lessen confusion created by the lack of such a definition. However, only until recently has it become apparent how this definition can negatively impact the environment within Snohomish County by allowing inappropriate land uses. SCC 32.14.070 allows for the installation of utilities within farmlands subject to the review of impacts on farmlands and farm operations. A grass-roots organization, Citizens to Preserve the Upper Snohomish River Valley (CPUSRV) contested the installation of a set of radio antennas by S-R Broadcasting on agricultural zoned property located adjacent to the Bob Heirmann Wildlife Park. Although the applicant ultimately prevailed at the end of the six year series of appeals and was issued the necessary permits by Snohomish County, we are taking this opportunity in an attempt to ensure this type of incompatible industrial land use is not allowed to occur in the future within a �Significant Shoreline of the State� as designated in the County�s Shoreline Master Program. I understand that the County Council is indeed concerned about the aesthetic and other impacts of telecommunication antenna towers in Snohomish County. This was demonstrated by a recent Council sponsored revision to SCC 30.91U.110 to eliminate cellular phone from the County�s definition of a utility. I have been informed that this legislation was enacted to better regulate cel phone antennas because of citizen outcry regarding the aesthetic impacts of the proliferation of cel phone antennas. Surely if a concern by the Council existed to better regulate cel towers in the range of 50 to 100 feet tall, than equal or greater control should be afforded to regulate radio and television antenna towers, that in the case of the S-R Broadcasting project, reach up to 349 feet tall. Through the action of the Council, the SCC utility definition should be properly updated so that future television and radio antenna projects are placed in more compatible locations to the betterment of the environment in Snohomish County. Sincerely, ____________________________ |