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HomeMy WebLinkAboutD_Admin_Decision_Comcast_CUP_230922_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Decision_Comcast CUP_230918_Fin A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: September 22, 2023 Project File Number: PR23-000090 Project Name: Comcast - Kent Land Use File Number: LUA23-000177, CU-A, V-A Project Manager: Alex Morganroth, Senior Planner Owner: JSHK Investments LLC, 9329 S 200th St, Kent, WA 98031 Applicant/Contact: Patrick Evans / 17311 135th Ave NW Unit: A100 Woodinville, WA 98072 / pevans@lynxconsulting.org Project Location: 18809 116th Ave SE (APN 3223059075) Project Summary: The applicant, on behalf of Comcast, is requesting an Administrative Conditional Use Permit and a wall height administrative Variance in order to expand and upgrade an existing fiber-optic hub facility located in a 2,025 sq. ft. perpetual easement on the property at 18809 116th Ave SE (Parcel #3223059075). The use is classified as a “Utility-Medium Use” per RMC 4-2-060. The property is located on the west side of 116th Ave SE, between SE 186th St and SE 192nd St. The easement area is located on north side of the site. The parcel totals 57,934 sq. ft. (1.32 acres) in area and is zoned Residential-8 du/ac (R-8). Existing improvements within the easement area include a 264 sq. ft. one-story equipment compound, a portable restroom, and below-grade fiber vault. The improvements were permitted by King County prior to the site’s annexation to the City of Renton in 2008 (Benson Hill Annexation, Ord # 5327). Work proposed includes the construction of a new 220.5 sq. ft. equipment cabinet and two battery cabinets, both to be installed on concrete pads. In addition, the applicant has proposed the installation of a 100kW diesel generator on a five (5’) foot by fourteen (14’) foot concrete pad and the installation of three (3) pole-mounted security cameras. The applicant has also proposed the construction of a nine (9’) foot CMU wall on three sides of the easement area and a new seven (7’) foot tall architectural steel fence with access gates on the north side of the easement. The easement area is currently accessed via an existing asphalt driveway off 116th Ave SE located on the school property to the north. Preliminary short plat approval was granted on June 16th, 2022 for six (6) single-family residential lots and three (3) tracts (LUA21-000468). The three (3) tracts encompass the wireless communications facility near the northwest corner of the site, a stormwater tract, and the subject Comcast easement area. The short plat applicant is currently constructing the utility and frontage improvements under a civil construction permit (C19001490) and is expected to receive final short plat approval after completion of the improvements. Site soils consist of alderwood gravelly sandy loam. COR maps does not indicate the presence of any critical areas on or within 200 feet of the project site. No trees are located in the easement area and no vegetation would be disturbed according to the applicant. The applicant submitted a drainage memo and critical areas study to evaluate the application. Site Area: .056 acres DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 2 of 14 D_Admin Decision_Comcast CUP_230918_Fin B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Construction Plans Exhibit 3: Landscape Plan (Haevin Ridge) Exhibit 4: Grading and Topography Plan Exhibit 5: Drainage Memo, prepared by Duncanson, dated October 24, 2022 Exhibit 6: Noise Study, prepared by Greenbusch Group, Inc, dated December 8, 2022 Exhibit 7: Access Easement Exhibit 8: Permanent Easement Exhibit 9: Haevin Ridge Decision, dated June 16, 2022 (LUA21-000468) Exhibit 10: Advisory Notes C. GENERAL INFORMATION: 1. Owner(s) of Record: JSHK Investments LLC, 9329 S 200th St, Kent, WA 98031 2. Zoning Classification: Residential-8 (R-8) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Single-family residential (under construction) 5. Critical Areas: None 6. Neighborhood Characteristics: a. North: Elementary school; Residential – 6 du/ac (R-6) zone b. East: Elementary school; Residential – 6 du/ac (R-6) zone c. South: Single-family residential; Residential – 8 du/ac (R-8) zone d. West: City of Renton water tower; Residential – 8 du/ac (R-6) zone 7. Site Area: 1.32 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Benson Hill Annexation N/A 5327 03/01/2008 Wireless Communications Facility Environmental Review and Administrative Conditional Use Permit LUA11-024 N/A 06/08/2011 Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 3 of 14 D_Admin Decision_Comcast CUP_230918_Fin Haevin Ridge Short Plat (expired) LUA18-000205 N/A 06/17/2018 Haevin Ridge Short Plat LUA21-000468 N/A 06/01/2022 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: Water service is provided by Soos Creek Water and Sewer District. b. Sewer: Sewer service is provided by Soos Creek Water and Sewer District. c. Surface/Storm Water: No stormwater infrastructure currently exists on-site, but will be installed as part of the Haevin Ridge Short Plat project (LUA21-000468). There is an existing 12-inch stormwater main in 116th Ave SE. The current site topography appears to drain the runoff from the site to the northeast. 2. Streets: The site fronts 116th Ave SE to the east. The applicant’s lease area is accessed via a 30-foot wide easement across the Renton School District property to the north of the site. 3. Fire Protection: Renton Regional Fire Authority (RRFA) F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations c. Section 4-2-110: Residential Development Standards 2. Chapter 4 City-Wide Property Development Standards 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 9 Permits - Specific a. Section 4-9-030: Conditional Use Permits b. Section 4-9-250 Variances, Waivers, Modifications, and Alternatives 5. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Utilities Element DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 4 of 14 D_Admin Decision_Comcast CUP_230918_Fin H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on May 18th, 2023 and determined the application complete on the same day. The project complies with the 120-day review period. 2. The project site is located 18809 116th Ave SE (APN 3223059075). 3. The Haevin Ridge preliminary short plat (LUA21-000468) was approved for the subject site on March 15, 2022 after the original preliminary short plat (LUA18-000205) expired on December 8, 2021. A Construction Permit (C19001490) was issued on November 12, 2020 in order to construct the utility and street improvements. As of the date of this decision, the construction permit remains open and the final short plat not yet recorded. As part of the final short plat, the entire Comcast easement area will be placed in a tract of the same size (identified as Tract A in the preliminary short plat plan). 4. The project site is currently developed with one wireless communication monopole and a small, one story building containing the subject Comcast internet fiber hub. Construction of utility and roadway improvements for the Haevin Ridge subdivision are ongoing. 5. Access to the site is provided via an existing thirty-foot (30’) wide easement on the Renton School District Property to the north (Exhibit 7). The access easement provides a connection between the Comcast facility and 116th Ave SE. 6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 7. The site is located within the Residential-8 (R-8) zoning classification. 8. There are no trees within the tract/easement area and no tree are proposed for removal as part of the project. 9. No critical areas are mapped on the project site. 10. Minimal cut and fill is proposed on the site. 11. The applicant is proposing to complete construction in the fall of 2023. 12. Staff received no public comment letters. 13. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 14. The proposal is categorically exempt from the Environmental (SEPA) Review per WAC 197-11-800.23.a. 15. Comprehensive Plan Compliance: The site is designated Residential Low Density (LD) on the City’s Comprehensive Plan Map. The purpose of the MD designation is to allow a variety of single-family and multi-family development types, with continuity created through the application of design guidelines, the organization of roadways, sidewalks, public spaces, and the placement of community gathering places and civic amenities. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis  Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development. DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 5 of 14 D_Admin Decision_Comcast CUP_230918_Fin  Policy U-79. Require that the siting and location of telecommunications facilities be accomplished in a manner that minimizes adverse impacts on the environment and adjacent land uses  Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new development is designed to be functional and attractive. 16. Zoning Development Standard Compliance: The site is classified Residential-8 (R-8) on the City’s Zoning Map. Development in the R-8 Zone is intended to create opportunities for new single-family residential neighborhoods and to facilitate high-quality infill development that promotes reinvestment in existing single-family neighborhoods. It is intended to accommodate uses that are compatible with and support a high-quality residential environment and add to a sense of community. The proposal is compliant with the following development standards, as outlined in RMC 4-2-110.A, if all conditions of approval are met: Compliance R-8 Zone Develop Standards and Analysis Compliant if Conditional Use Permit is approved, see FOF 17 Use: The facility is classified as a ‘Utilities, Medium’ use. This definition includes various utilities intended to serve large swathes or sub-regions of the City and are often located on private property or in separate tracts. The existing use, a fiber-optic facility, is classified as a ‘Utilities, Medium’ use. Per RMC 4-11-210 Definitions ‘U’ - Utilities, Medium: Moderate scale facilities serving the City, including subregional switching stations (one hundred fifteen (115) kv and smaller), and municipal sewer, water, and storm water facilities not included in a Council-adopted utility system plan. The use Utilities, Medium are permitted in the R-8 zone with an approved Administrative Conditional Use Permit Staff Comment: The applicant is proposing to expand an existing, legally established internet fiber hub facility (Utilities, Medium). The applicant is requesting approval of an administrative conditional use permit in order to allow the placement of additional equipment. See FOF 17, Conditional Use Analysis for additional analysis. N/A Density: The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per net acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. Staff Comment: Not applicable; no units are proposed.  Lot Dimensions: The minimum lot size permitted in the R-8 zone is 5,000 sq. ft. A minimum lot width of 50 feet is required (60 feet for corner lots) and a minimum lot depth of 80 feet is required. Staff Comment: The existing parcel exceeds the minimum lot width, depth, and size requirements for the R-8 zone. After recording of the final short plat, the project area will be located fully within a 2,025 sq. ft. tract. Tracts are not subject to the lot dimension requirements. N/A Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 20 feet, side yard is 5 feet, secondary front yard (applies to corner lots) is 15 feet, and the rear yard is 20 feet. Staff Comment: No buildings are proposed as part of the project. The new above-grade equipment shelter and HVAC units would be mounted on a new concrete pad. DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 6 of 14 D_Admin Decision_Comcast CUP_230918_Fin N/A Building Standards: The R-8 zone has a maximum building coverage of 50% and a maximum impervious surface coverage of 65%. In the R-8 zone, a maximum building height of 2 stories with a wall plate height of 24 feet is permitted. Roofs with a pitch equal to or greater than 4:12 may project an additional six (6) vertical feet from the maximum wall plate height. If the height of wall plates on a building are less than the states maximum the roof may project higher to account for the difference, yet the combined height of both features shall not exceed the combined maximums. Common rooftop features, such as chimneys, may project an additional four (4) vertical feet from the roof surface. Non-exempt vertical projections (e.g., roofs pitched less than 4:12, decks, railings, etc.) may extend up to six (6) vertical feet above the maximum wall plate height if the projection is stepped back one-and-a-half (1.5) horizontal feet from each minimum building setback line for each one (1) vertical foot above the maximum wall plate height. Wall plates supporting a primary roof surface that has only one (1) sloping plane (e.g., shed roof) may exceed the stated maximum if the average of wall plate heights is equal or less than the maximum wall plate height allowed. Staff Comment: No buildings are proposed as part of the project. The new above-grade equipment shelter and HVAC units would be mounted to a new concrete pad and would not exceed a height of eight-feet (8’) above grade.  See FOF 17, Conditional Use Permit Analysis: Landscaping Landscaping:  The City’s landscape regulations (RMC 4-4-070) require a 10-foot landscape strip along all public street frontages. Additional minimum planting strip widths between the curb and sidewalk are established according to the street development standards of RMC 4-6-060. Street trees and, at a minimum, groundcover, are to be located in this area when present. Spacing standards shall be as stipulated by the Department of Community and Economic Development, provided there shall be a minimum of one street tree planted per address. Any additional undeveloped right-of- way areas shall be landscaped unless otherwise determined by the Administrator. Where there is insufficient right-of-way space or no public frontage, street trees are required in the front yard subject to approval of the Administrator. A minimum of two trees are to be located in the front yard prior to final inspection for the new Single-Family Residence. Staff Comment: Per RMC 4-4-070.B, the landscape requirements only apply in the following cases: a. All subdivision including short plats; or b. All new buildings and new storm drainage facilities; or c. Additions to existing buildings that increase the gross square footage of the building by greater than one-third (1/3); or d. Conversion of vacant land (e.g., to parking or storage lots); or e. Conversion of a residential use to a non-residential use; or f. Other changes in the use of a property or remodel of a structure that requires improvements equal to or greater than fifty percent (50%) of the assessed property valuation. The proposal does not meet the characteristics of any of the above scenarios. However, as part of the Haevin Ridge short plat subdivision, the owner of the property is required to install landscaping site-wide that complies with the standards in RMC 4-4-070 (Exhibit DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 7 of 14 D_Admin Decision_Comcast CUP_230918_Fin 3 and 9). See FOF 17, Conditional Use Permit Analysis: Landscaping for additional analysis.  Tree Retention: The City’s adopted Tree Retention and Land Clearing Regulations (4-4- 130) require the retention of 30 percent of trees in a residential development. Significant trees shall be retained in the following priority order: Priority One: Landmark trees; significant trees that form a continuous canopy; significant trees on slopes greater than twenty percent (20%); significant trees adjacent to critical areas and their associated buffers; and significant trees over sixty feet (60') in height or greater than eighteen inches (18") caliper. Priority Two: Healthy tree groupings whose associated undergrowth can be preserved; other significant native evergreen or deciduous trees; and other significant non- native trees. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained, unless the alders and/ or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. A minimum tree density shall be maintained on each residentially zoned lot. For detached single-family development, the minimum tree density is two (2) significant trees for every five thousand (5,000) square feet. The tree density may consist of existing trees, replacement trees, trees required pursuant to RMC 4-4-070F1, Street Frontage Landscaping Required, or a combination. Staff Comment: No trees are present in the permanent easement area (i.e. the boundary of the future tract). As part of the Haevin Ridge short plat, the applicant was required to comply site-wide with the tree retention and density requirements in effect at the time of application (Exhibit 9). Therefore, the entire site complies with the tree retention requirements, and is anticipated to comply with tree density requirements upon completion of the subdivision project.  Parking: For uses not specifically identified in RMC 4-4-080: Parking, Loading and Driveway Regulations, Department staff shall determine which of the uses in the parking space table is most similar based upon staff experience with various uses and information provided by the applicant. Driveway cuts are required to be a minimum of 5 feet from property lines and new driveways may be a maximum of 16 feet in width at the property line. Maximum driveway slopes shall not exceed fifteen percent (15%); provided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence or crossing any public sidewalk. Staff Comment: The existing fiber hub is unmanned and does not have any regular parking demand except for occasional maintenance visits. The proposed expansion is not anticipated to change the parking needs for the use. Space for at least two (2) vehicles on the outside of the proposed access gate on the north side of the permanent easement area. No new driveway cuts are proposed as part of the project. DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 8 of 14 D_Admin Decision_Comcast CUP_230918_Fin Complaint if Variance under FOF 18 is approved Fences and Retaining Walls: In any residential district, the maximum height of any fence, hedge or retaining wall shall be seventy two inches (72"). Except in the front yard and side yard along a street setback where the fence shall not exceed forty eight inches (48") in height. There shall be a minimum three-foot (3') landscaped setback at the base of retaining walls abutting public rights-of-way. Staff Comment: The applicant has proposed the installation of a nine-foot (9’) tall concrete masonry unit (CMU) fence on the east, south, and west perimeter of the permanent easement, and a seven-foot (7’) tall steel architectural steel fence with sliding access gates at the north perimeter. The applicant submitted a variance request in order to allow fences in excess of six feet (6’) in a residential zoning district, see FOF 18, Variance for analysis. If the requested variance is approved, the proposal would comply with the fence and retaining wall standards. 17. Conditional Use Analysis: The applicant is requesting a Conditional Use Permit to allow the expansion of an existing fiber-hub facility, classified as a “Utilities, Medium” use. The proposal is compliant with the following conditional use criteria, pursuant to RMC 4-9-030.D, RMC 4-9-030.F, RMC 4-9-030.G. Therefore, staff recommends approval of the requested Conditional Use Permit. Compliance Conditional Use Criteria and Analysis  a. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. Staff Comment: See FOF 14 and 15 for Comprehensive Plan and zoning regulation compliance.  b. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. Staff Comment: The proposed location for the expansion would not result in an overconcentration of the use. According to the applicant, the existing fiber hub serves a large swath of the surrounding area including approximately 125,000 residential customers numerous commercial customers. The existing lease area, which would not be expanded as a result of the project, is well-suited for the proposed use as fiber equipment cannot be easily relocated or re-established at alternative locations due to the location of the connecting fiber lines. Expanding the amount of equipment within the boundaries of an existing area would not result in an overconcentration of the utility use in the immediate area and would result in less impacts to the neighborhood than having to establish a second site.  c. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. Staff Comment: The proposed equipment additions within an existing lease area would not result in any substantial or undue adverse effect on the adjacent property. The new equipment is located approximately 100 feet from the 116th Ave SE ROW and is DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 9 of 14 D_Admin Decision_Comcast CUP_230918_Fin approximately 400 feet from the elementary school to the north. While sited close to the future homes to be constructed as part of the Haevin Ridge subdivision, the new equipment would not represent a significant material change over that equipment currently installed in the lease area. Lastly, the new equipment is not anticipated to generate any noise or light impacts to adjacent properties if the variance analyzed under FOF 18 is approved.  d. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. Staff Comment: The surrounding neighborhood primarily consists of single-family residential uses, in addition to an elementary school to the north of the site. Utility infrastructure is a necessary part of the built environment and can typically be designed and sited in a manner that allows them to coexist with different uses. In the case of the applicant’s project, the existing fiber-hub has been in place on the site since at least 2006 per King County aerial photography. The largest potential for difference in scale between the expanded fiber-hub and surrounding neighborhood would occur upon construction of the new houses anticipated to be built upon recording of the Haevin Ridge project final short plat. While the proposed perimeter CMU fencing would exceed the typical maximum fence height in residential zones of six feet (6’), it would not appear significantly larger than a typical one story house and would be heavily screened by landscaping to be installed by the developer or future home builder as part of the Haevin Ridge lots. Therefore, the proposed expansion of the utility use would be compatible with the scale and character with the neighborhood upon completion.  e. Parking: Adequate parking is, or will be made, available. Staff Comment: The limited parking needs for maintenance vehicles can be met on the lease site. See FOF 15, Parking for parking compliance analysis.  f. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. Staff Comment: Due to the unmanned nature of the site, minimal traffic is anticipated to be generated by the proposed fiber-hub expansion. According to the applicant between one and four technician visits per month are anticipated. Maintenance vehicles would access the site from 116th Ave SE via the existing easement on the Renton School District property the north and park within the lease area. No impacts to pedestrian or vehicular movement safety is anticipated as a result of the project. Compliant if conditions of approval are met and variance under FOF 18 is approved g. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. Staff Comment: According to the noise study submitted by the applicant (Exhibit 6), new and existing noise sources on the site would include the two (2) proposed battery cabinets with temperature control units on the south side of the site, the two (2) existing wall-mounted HVAC units on the north side of the existing equipment shelter, and the two (2) proposed wall-mounted HVAC units to be installed on the south side of the new equipment cabinet. In addition, a 100-kW emergency generator proposed for installation on the southeast side of site would generate noise, but is not expected to be used regularly, and only during power interruption events. Without any noise attenuation, the noise study found that the north, south, east, and west receiving properties (i.e. those adjacent) would have predicted sound levels between 65 and 70 dBA. In additional to exceeding the regulatory limits for both daytime and nighttime, DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 10 of 14 D_Admin Decision_Comcast CUP_230918_Fin the noise created by the equipment without any mitigation would likely be highly noticeable in a predominantly single-family residential neighborhood where the sounds of continuously operating mechanical equipment would be atypical. As such, the applicant has proposed, as recommended by the consultant, the construction of a nine- foot (9’) CMU wall around the east, south, and west sides of the easement area (see FOF 18: Variance for additional discussion). In addition to the wall, the consultant recommends the applicant operate the new AirSys HVAC units, proposed for wall- mounted installation on the new equipment shelter, exclusively operate in the manufactures ‘quiet mode’. According to the consultant, if both recommendations are adhered to, the new equipment proposed would result in no ambient noise reaching the future residential sites created by the Haevin Ridge short plat, with minimal noise trespass onto the school site (Exhibit 6). In order to ensure no noise impacts to existing or future residential uses in surrounding area, staff recommends as a condition of approval, the applicant shall adhere to the consultant’s recommendation to operate the new AirSys HVAC units in the manufacturers ‘quiet mode’ at all times. In addition, the applicant shall submit an updated noise study to the Current Planning Project Manager within 60 days of the new equipment becoming operational. The noise study shall provide proof of no noise trespass onto the future residential lots, and no noise trespass north of the landscape strip between access easement and elementary school driveway to the north. Noise trespass shall be defined as any increase in ambient noise levels over those measured without the equipment in the lease area running. If any noise trespass is found, additional mitigation measures shall be installed within 60 days of notice given by the City. No new lights are indicated on the plan set submitted by the applicant and therefore, no new light impacts are anticipated. However, staff recommends a condition of approval, if any new lighting is proposed, or any existing lighting relocated, the applicant shall submit a photometric plan with the building permit application for review and approval by the Current Planning Project Manager. Based on the type of materials used for the fencing and minimal on-site lighting, no glare impacts are anticipated. If all conditions of approval are met and the requested fence height variance is approved, the proposal would not result in any light, noise, or glare impacts to the surrounding properties.  h. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. Staff Comment: According to the applicant, the small size of the fiber-hub lease area combined with the need to install new equipment does not allow for the installation of any landscaping. However, as part of the Haevin Ridge short plat, significant landscape screening is required to be installed on future lot 6, as well as the stormwater tract to the south and west (Exhibits 3 and 9) 18. Variance Analysis: The applicant is requesting approval of an administrative Variance to allow the construction a nine-foot (9’) CMU fence (at maximum height) along the south, east, and west sides of the lease area, as well as a seven-foot (7’) tall metal fence with gate on the north side of the lease area. The purpose of the fencing would be to screen the new and existing equipment, provide noise mitigation as recommended by the consultant, and enhance site security. Per RMC 4-4-040, a variance application shall be evaluated for any proposed fence or hedge greater than seventy two inches (72") in height anywhere DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 11 of 14 D_Admin Decision_Comcast CUP_230918_Fin within a residential zone or within fifteen feet (15') of the property lines of a front yard, secondary front yard, or rear yard abutting a public street in any commercial zone. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.6. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis  a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff Comment: The applicant contends that the existing Comcast fiber-hub, which predates the Haevin Ridge subdivision by at least two (2) decades, is an important facility for the area and its residents and businesses. Due to its location in a predominantly single-family neighborhood with residential zoning, typical security methods such as barbed wire, electric fencing, or bright exterior lighting are not appropriate or practical. In addition, due to the typically quiet nature of the surrounding uses, noises that may be tolerated or expected in commercial or industrial areas would not be tolerated or allowed. Staff concurs that the applicant suffers practical difficulties in finding an appropriate balance between providing an important communications service to its customers with the need to blend into a quiet, residential neighborhood and finds the proposed fencing would allow the applicant to achieve both goals without significantly impacting the surrounding neighborhood.  b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The applicant contends that the construction of the fencing would not be materially-detrimental to the public welfare or injurious to the property or improvements in the vicinity due to the location of the lease area approximately 100 feet from the public ROW. Currently, the closest residence is approximately 150 feet away from the lease area across 116th Ave SE. Upon completion of the single-family homes in the Haevin Ridge subdivision, the homes on lots 2, 3, and 6 would be located approximately 20 to 40 feet from the wall. In order to provide visual screening between the fiber-hub area and the new homes, the approved Haevin Ridge preliminary short plat includes a ten-foot deep landscape buffer around the perimeter of the lease area that includes a mix of trees, shrubs, and ground cover (Exhibit 3). Once established, the fencing is unlikely to be visible from the public ROW, and only partially visible from the new single-famiy homes constructed in the Haevin Ridge subdivision. Therefore, the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity, whether existing or new.  c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Staff Comment: The applicant contends that the unique nature of the fiber-hub, which is highly dissimilar from the surrounding residential and educational uses, necessitates the need for a large, solid fence to mitigate for noise impacts that are atypical. As no DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 12 of 14 D_Admin Decision_Comcast CUP_230918_Fin 19. Availability and Impact on Public Services: Compliance Availability and Impact on Public Services Analysis  Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements.  Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: A drainage memo dated October 24, 2022 and prepared by Duncanson Company Inc. was submitted by the applicant (Exhibit 5). Based on the City of Renton’s flow control map, the site falls within the Flow Control Standards Forested site conditions. The majority of the site is located in the Soos Creek Drainage Basin and a portion of site along the western frontage falls within the Black River drainage basin. The drainage memo indicates that the project will result in approximately 430 SF of replaced impervious surface and have a total land disturbance of 1,500 SF. The memo concludes that the project is exempt from drainage review as it does not meet any criteria as outlined in section 1.1.1 of the 2022 RSWDM. Staff has reviewed the application and concurs with the memo conclusion that the project does not require drainage review. If there is any addition of impervious surface then the development will be subject to a surface water system development charge (SDC) fees. Fees will be charged based on the rate at the time of permit issuance. The current SDC fee is $0.92 per square foot but no less than $2,300.  Water: The proposal does not utilize water service and therefore no impacts are anticipated.  Sanitary Sewer: The proposal does not utilize sewer service and therefore no impacts are anticipated. typical residential or educational use would need such a significant level of noise mitigation or security, it does not constitute a grant of special privilege. Staff concurs with the applicant’s justification and finds the approval does not constitute a grant of special privilege based on the disparate characteristics related to noise and security between the fiber hub facility and the other surrounding uses.  d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: According to the noise study (Exhibit 6) submitted by the applicant, the nine-foot (9’) solid fence is required to reduce noise trespass to zero for the surrounding future residential properties. The applicant contends that without the use of barbed wire or triton spikes, a seven-foot (7’) metal fence is the minimum height to secure the facility on the north side. Staff concurs with the applicant’s reasoning and finds the approval of the variance is the minimum necessary to accomplish the desire purposes. DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 13 of 14 D_Admin Decision_Comcast CUP_230918_Fin I. CONCLUSIONS: 1. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 15. 2. The subject site is located in the Residential-8 (R-8) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval, see FOF 16. 3. The proposed Conditional Use Permit complies with the Conditional Use Permit criteria as established by City Code and state law provided all advisory notes and conditions are complied with, see FOF 17. 4. The proposed Variance complies with the Variance criteria provided the applicant complies with City Code and conditions of approval, see FOF 18. 5. There are adequate public services and facilities to accommodate the proposed fiber-hub equipment expansion, see FOF 19. 6. Key features which are integral to this project include eliminating noise and light trespass on adjacent properties and the establishment of a visual landscape buffer along the south, east, and west perimeter of the lease area. J. DECISION: The Comcast - Kent Conditional use Permit and Variance, File No. LUA23-000177, CU-A, V-A, as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall operate the new AirSys HVAC units in the manufacturers ‘quiet mode’ at all times. 2. The applicant shall submit an updated noise study to the Current Planning Project Manager within 60 days of the new equipment becoming operational. The noise study shall provide proof of no noise trespass onto the future residential lots, as well as no noise trespass north of the landscape strip between access easement and elementary school driveway to the north. Noise trespass shall be defined as any increase in ambient noise levels over those measured without the equipment in the lease area running. If any noise trespass is found, additional mitigation measures shall be installed within 60 days of notice given by the City. 3. If any new lighting is proposed, or any existing lighting relocated, the applicant shall submit a photometric plan with the building permit application for review and approval by the Current Planning Project Manager. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Acting Planning Director Date DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 9/22/2023 | 9:37 AM PDT City of Renton Department of Community & Economic Development Comcast - Kent Administrative Report & Decision LUA23-000177, CU-A, V-A Report of Error! Reference source not found. Page 14 of 14 D_Admin Decision_Comcast CUP_230918_Fin TRANSMITTED on September 22, 2023 to the Owner/Applicant/Contact: Owner: Applicant/Contact: JSHK Investments LLC, 9329 S 200th St, Kent, WA 98031/ lakh.sandhu@gmail.com Patrick Evans / 17311 135th Ave NW Unit: A100 Woodinville, WA 98072 / pevans@lynxconsulting.org TRANSMITTED on September 22, 2023 to the Parties of Record: None TRANSMITTED on September 22, 2023 to the following: Vanessa Dolbee, Interim CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on October 6, 2023. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Conditional Use Permit decision will expire two (2) years from the date of decision. A single two (2) year extension may be requested pursuant to RMC 4-9-030. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Comcast - Kent Land Use File Number: LUA23-000177, CU-A, V-A Date of Report September 22, 2023 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Patrick Evans / 17311 135th Ave NW Unit: A100 Woodinville, WA 98072 / pevans@lynxconsulting.org Project Location 18809 116th Ave SE (APN 3223059075) The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Construction Plans Exhibit 3: Landscape Plan (Haevin Ridge) Exhibit 4: Grading and Topography Plan Exhibit 5: Drainage Memo, prepared by Duncanson, dated October 24, 2022 Exhibit 6: Noise Study, prepared by Greenbusch Group, Inc, dated December 8, 2022 Exhibit 7: Access Easement Exhibit 8: Permanent Easement Exhibit 9: Haevin Ridge Decision, dated June 16, 2022 (LUA21-000468) Exhibit 10: Advisory Notes DocuSign Envelope ID: ADAEB2D0-A806-4577-874F-6138D4A8A997