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Home My WebLink AboutNotice of Cancelled Land Use Application, April 2017Denis Law Mayor11;R Community & Economic Development C. E. "Chip" Vincent, Administrator April 13, 2017 Brian Nguyen NRE Permitting Manager Mobilitie, LLC 2955 Red Hill Ave, Suite 200 Costa Mesa, CA 92627 Via email: BNguyenCaa@mobilitie.com SUBJECT: Notice of Cancelled Land Use Applications (File LUA16-000715 and LUA16-000716) Dear Mr. Nguyen, This letter serves as notice that the two applications submitted to the City of Renton for Environmental (SEPA) Review and Conditional Use Permits (LUA16-000715 and LUA16- 000716) have been cancelled because the application is deemed incomplete. Additional items needed for a complete application have not yet been completely submitted. The City provided notice by letter on October 18, 2016 that the application was incomplete. Per RMC 4-8-100:C.2.b, the required information required for a complete application needed to be submitted within 90 days of the written notice. The timeframe for submittal of the additional materials was provided in an email to you dated December 6, 2016. 1 received your acknowledgement via email the same day with confirmation that you intended to submit the materials in advance of the January 16, 2017 deadline. As the requested application material was not provided, the two Conditional Use Permit applications LUA16-000715 for Data Transport U.P. (9WAX000311A), and LUA 16- 000716 for Data Transport U.P. (9WAX000309A) are cancelled. The City will retain the application materials for approximately one month should you wish to retrieve them for future use. If the application materials are not picked -up by May 15th, the City will dispose of them. In addition, public notification signs posted on the proposed project sites will need to be removed within 30 days. Thank you for your cooperation in this regard. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Brian Nguyen Page 2 of 2 April 13, 2017 While I understand that there may be number of reasons that Mobilitie is in somewhat of a holding pattern with regard to its activities in the City of Renton, it is not my intention to end all discussions with Mobilitie at this time. I encourage you to schedule a meeting once Mobilitie is ready to resume its projects in the City of Renton so that we may reach a mutually agreeable solution. As always, if you have any questions you may contact me via telephone at 425-430-7286 or email at Or, you may contact Jill Ding„ Senior Planner at iding(@rentonwa.gov. Sincerely, Jennifer T. Henning, AiCP Planning Director Enc: Letter to Brian Nguyen, dated October 18, 2016 Email to Brian Nguyen, dated December 6, 2016 Email from Brian Nguyen to Jennifer Henning, dated December 6, 2016 cc1. Chip Vincent, CED Administrator Vanessa Dolbee, Current Planning Manager Jill Ding, Senior Planner Alex Tuttle, Assistant City Attorney Elana R. Zana, Ogden Murphy Wallace, via email: ezana@omwlaw.com W. Scott Snyder, Ogden Murphy Wallace, via email: ssn der omwlaw.com 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Denis Law Mayor October 18, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator Brian Nguyen NRE Permitting Manager Mobilitie, LLC 2955 Red Hill Ave, Suite 200 Costa Mesa, CA 92627 Via email: BNAuvenC@mobilitie.com SUBJECT, Application for Conditional Use Permits — Notice of Incomplete Application (File LUA16-000715 and LUA16-000716) Dear Mr. Nguyen, Thank you for providing the affidavit of sign installation for the Conditional Use Permits Mobilitle is seeking for the two applications that have been submitted to the City (LUA16-000715 and LUA16-000716). It has come to my attention that an additional item is needed in order to accept your application and begin formal review. That is, the owner of the property where the facilities are proposed must sign the Land Use Permit Master Application Form. Since the City of Renton is the owner of the right-of-way, a franchise is the normal and customary means by which the City grants permission for utilities or facilities to be located in the right-of-way. Previous correspondence (enclosed) from the City to Ben R. Johnson dated March 25, 2016 states that a franchise agreement must be negotiated with the City of Renton before any work can proceed; and, Mobilitie could pursue the Conditional Use Permit while negotiating a franchise with the City. In addition, in email correspondence (enclosed) dated August 4, 2016 between from you to W. Scott Snyder, Jill Ding, and Alex Tuttle, you acknowledged that "..all parties understand that no permits will be issued prior to finalization of a franchise agreement." Therefore, in order to have a complete application and proceed with formal acceptance of the applications for review and to set the date of the public hearing, Mobilitie must apply for its franchise and submit the required $5,000 franchise fee at your earliest convenience. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Brian Nguyen Page 2 of 2 October 18, 2016 If you have any questions or would like to discuss this further, please contact me via telephone at 425-430-7286 or email at 'hennin rentonwa. ay. Or, you may contact Jill Ding, Senior Planner at 'din rentonwa. ov. Sincerely, Jennifer T. Henning, AICP Planning Director Enc: letter to Ben R. Johnson, dated March 25, 2016 Email from Brian Nguyen to W. Scott Snyder, dated August 4, 2016 cc: Jill Ding, Senior Planner Alex Tuttle, Assistant City Attorney Elana R. 7ana, Ogden Murphy Wallace, via email; ezana omwlaw.com W. Scott Snyder, Ogden Murphy Wallace, via email: ssnyderC@omwiaw.com 1055 South Grady Way, Renton, WA 98057 . renlonwa.gov Jennifer T. Henning From: Jennifer T. Henning Sent: Tuesday, December 06, 201610:58 AM To: 'Brian Nguyen (BNguyen@mobilitie.com)' Cc: Jill Ding; Alex Tuttle; 'Elana R. Zana (ezana@omwlaw.com)'; 'ssnyder@omlaw.com' Subject: RE: Mobilitie Incomplete Application Letter Hello Brian, Is Mobilitie intending to submit the required items in order to complete the application? RMC 4-8-100 C.2.b provides for a maximum time for resubmittal of 90 days from the time of written notice. The final date to submit the required materials will be Monday, January 16, 2017. Jennifer Henning, AICP Planning Director City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7286 From: Jennifer T. Henning Sent: Tuesday, October 18, 2016 2:49 PM To: Brian Nguyen (BNguyen@mobilitle.com) Cc: Jill Ding; Alex Tuttle; Elana R. Zana (ezana@omwlaw.com); 'ssnyder@omlaw.com' Subject: Mobilitie Incomplete Application Letter Hello Brian, Please see the attached Incomplete letter regarding two Conditional Use Permit applications that have been submitted by Mobilitie (LUA16-000715 and LUA16-000716). The original is being mailed to you via U5 Mail. Jennifer Henning, AICP Planning Director City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7236 Jennifer T. Henning From: Brian Nguyen <BNguyen@mobilitie.com> Sent: Tuesday, December 06, 2016 11:07 AM To: Jennifer T. Henning Cc: Jill Ding; Alex Tuttle; 'Elana R. Zana (ezana@omwlaw.com)'; 'ssnyder@omlaw.com'; Alan Goree; Alyssa Putzier Subject: RE: Mobilitie Incomplete Application Letter Hi Jennifer: Thank you for your email. Yes, we are intending on submitting the required materials to complete our applications, and anticipate having them to your offices by the January 16, 2017 deadline. Please do not hesitate to contact me with any additional questions or concerns. Very best regards, Brian Nguyen I NRE Permitting Manager BN a en m bilitie.com 3�® .u,•_Mrnlrestnutssrc 11245 SE 6th Street, Suite 2201 Bellevue, WA 98004 206-482-2623 mobile www.mobititie.com CONFIDENTIALITY NOTICE I The email message contains confidential and proprietary information, including ail attachments (If any) to this email even if such attachments are not separately marked as confidential and/or proprietary. Such information is exclusively for the addressee(s) and no others, unless and to the extent expressly stated above to the contrary. If the recipient of this email is not the addressee, such recipient Is prohibited from reading or using this message in any way. If you have received this message by mistake, please call us immediately and destroy the email message and all attachments. From: Jennifer T. Henning [malito:Jhenning@Rentonwa.gov] Sent: Tuesday, December 06, 201610:58 AM To: Brian Nguyen <BNguyen@mobilitie.com> Cc: Jill Ding <JDing@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>;'Eiana R. Zana (ezana@omwlaw.com)' <ezana@omwiaw.com>;'ssnyder@omiaw.com' <ssnyder@omlaw.com> Subject: RE: Mobilitie Incomplete Application Letter Hello Brian, Is Mobilitie intending to submit the required items in order to complete the application? RMC 4-8-100 C.2.b provides for a maximum time for resubmittal of 90 days from the time of written notice. The final date to submit the required materials will be Monday, January 16, 2017. Jennifer Henning, AICP Planning Director City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430,7286 From: Jennifer T. Henning Sent: Tuesday, October 18, 2016 2:49 PM To: Brian Nguyen (13Nguyen0mobilitie.com) Cc: Jill Ding; Alex Tuttle; Elana R. Zana (ezanacaomwlaw.com); 'ssnyder@omlaw.com' Subject: Mobilitie Incomplete Application Letter Hello Brian, Please see the attached Incomplete letter regarding two Conditional Use Permit applications that have been submitted by Mobilitie (LUA16-000715 and LUA16-000716). The original is being mailed to you via US Mail. Jennifer Hennins A,lr? Planning Director City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7286