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Home My WebLink AboutD_COW_TUP_Decision_221201_v3_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_COW TUP Decision_221114_v1.docx A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: December 2, 2022 Project File Number: PR17-000365 Project Name: Verizon Wireless Cedar River COW Land Use File Number: LUA22-000344, TP Project Manager: Alex Morganroth, Senior Planner Owner: Construction Industry Training Council, 1930 116th Ave. NE, Bellevue, WA 98004 Applicant/Contact: Paul Slotemaker, 12803 NE Airport Way, Building 6, Portland, OR 97230 Project Location: 111 Meadow Ave N (APN 1352300071) Project Summary: The applicant (Paul Slotemaker of Tilson Tech on behalf of Verizon Wireless) is requesting a Tier 2 Temporary Use Permit, pursuant to Renton Municipal Code Section 4-9-240, to allow the operation of a temporary wireless communications facility (aka cell on wheels, COW,) at 111 Meadow Ave N (APN 1352300071). The purpose of the COW is to provide cellular coverage in the north Renton area until a site for a permanent facility can be brought online. The 8,659 SF property is located in the Commercial Arterial (CA) zoning designation and Urban Design District D overlay district. A COW operated by Verizon is currently located at the SE corner of the vacant property to the north of the proposed site (APN 1352300060). Due to time limitations for temporary wireless facilities in RMC 4-4-140.K.6, the existing COW can no longer be located at its current site. The applicant is proposing to relocate the COW to the site located directly south of its current location. The base of the temporary structure is approximately 6' x 14' in size. The total leased area is approximately 30' x 40'. The COW mast holds three (3) panel antennas and a microwave antenna, with a total max height of 35 feet. Three ecology blocks are attached to the COW using guy lines to increase stability. Vegetative screening is proposed around three (3) sides (north, south, and east) of the enclosure and would consist of mature arborvitae within large planters containing a self-watering system. Primary power would be provided via a PSE power pole in the Meadow Ave N ROW. The applicant is proposing the use of a generator only for emergency situations or events. The site is located within the Wellhead Protection Area Zone 1 and High Seismic Hazard Area. No other critical areas are located on site and no ground disturbance activity is proposed. Site Area: 0.2 ac DocuSign Envelope ID: A9383FBA-DF46-4B60-80B3-17E758A2FF5B City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA22-000344, TP Report of December 2, 2022 Page 2 of 5 D_COW TUP Decision_221114_v1.docx B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan and Drawings Exhibit 3: RF Justification Letter and Noise Report prepared by Verizon Wireless Exhibit 4: Noise Report prepared by SSA Acoustics, dated August 23, 2017 Exhibit 5: Non-Ionizing Electomagnetic Exposure Analysis, prepared by Hatfield & Dawson Consulting Electrical Engineers, dated August 2016 Exhibit 6: Abatement Agreement C. ANALYSIS The proposed COW is subject to the Temporary Wireless Communications Facilities Standards in RMC 4-4-140.K: 1. Location: a. Temporary wireless communication facilities shall be located no closer than seventy five feet (75') from the property line of a property that is adjacent, abutting, or diagonal to a property with a residential use. b. No space or spaces needed to meet the required parking standards for a development site shall be taken by the placement of temporary wireless communication facilities. c. Temporary wireless communication facilities shall not be located in the R-1, R-4, R-6, R-8, or R-10 zone. Staff Comment: The site of the proposed COW is not abutting, adjacent, or diagonal to a property with a residential use. The COW is not located in a parking lot and is located on a parcel in the Commercial Arterial (CA) zone (Exhibit 2). Therefore, the facility complies with the location requirements for Temporary Wireless Communication Facilities. 2. Size: Temporary wireless communication facilities are permitted on tandem axel utility trailers with a maximum width of ten feet (10') and length of twenty-four feet (24'), or other support structure as approved by the Administrator. Staff Comment: The COW support structure is approximately 6 feet by 14 feet and is therefore compliant with the size requirement for Temporary Wireless Communications Facilities. 3. Screening: A six-foot (6') high sight-obscuring fence, vegetative screen, or alternative visual buffer approved by the Administrator shall be constructed around the perimeter of the utility trailer and/or any other ground equipment associated with the temporary wireless communication facility. Staff Comment: The applicant proposes vegetative screening to include six-foot tall arborvitae shrubs in planters with an automatic watering system on the north, south, and east sides of the site (Exhibit 2). Vegetative screening is not proposed on the west side of the enclosure in order to provide maintenance access. The west side of the enclosure is not highly visible from the ROW and a sight-obscuring fence is located around the entire perimeter of the facility between the vegetative buffer and the base. Therefore, the COW complies with the screening requirement for Temporary Wireless Communication Facility. 4. Power Source: DocuSign Envelope ID: A9383FBA-DF46-4B60-80B3-17E758A2FF5B City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA22-000344, TP Report of December 2, 2022 Page 3 of 5 D_COW TUP Decision_221114_v1.docx a. Use of on-site utility services is required for primary power. b. In the event of an emergency or power outage, a whisper quiet generator or other utility source may be used that emits an average noise level, measured at the property line, that does not exceed fifty five (55) decibels day-night level (Ldn) when measured on an “a weighted” sound level meter, according to the procedures of the Environmental Protection Agency, unless otherwise approved by the Administrator. Staff Comment: The COW would receive power from an overhead connection to a PSE electric pole in the Meadow Ave N right-of-way. A generator is located near the COW for use only during emergency events. Therefore, the COW is compliant with the power source requirements for Temporary Wireless Communication Facilities. The Administrator may approve, modify, deny, or condition an application for a temporary use permit, based on consideration of the following factors: (Ord. 5676, 12-3-2012) 1. The temporary use will not be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the vicinity of the temporary use. Staff Comment: The proposed COW would be located on a vacant site approximately one (1) block away from the nearest residential use. While visible from the public ROW and adjacent properties, the proposed COW would include landscape screening that effectively screens the ground-based equipment behind the fencing (Exhibit 2). As part of the application, the applicant submitted a non-ionizing electromagnetic exposure analysis and engineering certification prepared by Hatfield and Dawson. The study evaluated the COWs compliance with FCC and local guidelines and concluded that the COW would comply with all FCC standards for radio frequency emissions and would not have a significant environmental impact as defined by the FCC Public MPE limits. Furthermore, the study concludes that the COW would not cause any nearby existing wireless facility to exceed non-ionizing electromagnetic radiation (NIER) exposure standards. Therefore, based on the minimal visual impacts, no light or noise impacts, and no environmental health impacts, the temporary use will not be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the vicinity of the temporary use. 2. Adequate parking facilities and vehicle ingress and egress are provided to serve the temporary use and any existing uses on the site. Staff Comment: Not applicable – no vehicles access required to serve the proposed temporary use. 3. Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses; and Staff Comment: The COW would operate 24/7 in order to provide adequate cellular coverage to the surrounding area. The facility emanates no light or sound and therefore would not adversely impact the surrounding commercial or residential uses (Exhibit 4). 4. The temporary use will not cause nuisance factors such as noise, light, or glare which adversely impact surrounding uses; and Staff Comment: See staff comment above under criterion 3. 5. If applicable, the applicant has obtained the required right-of-way use permit. Staff Comment: Not applicable. DocuSign Envelope ID: A9383FBA-DF46-4B60-80B3-17E758A2FF5B City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA22-000344, TP Report of December 2, 2022 Page 4 of 5 D_COW TUP Decision_221114_v1.docx D. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on October 6, 2022 and determined the application complete the same day. The project complies with the 120-day review period. 2. The project site is located at 111 Meadow Ave NE (Parcel #1352300071). 3. The project site is currently vacant. 4. The property is located within the Commercial Mixed Use (CMU) Comprehensive Plan land use designation. 5. The site is located within the Commercial Arterial (CA) zoning classification. 6. The proposed COW complies with all Temporary Wireless Communications Facilities Standards in RMC 4-4- 140.F. 7. The cellular provider, Verizon Wireless, intends to construct a permanent wireless communications facility (WCF) in the immediate surrounding area. The applicant does not have an estimate for project completion, but continues to actively pursue a potential lease area for the permanent facility. The purpose of the temporary use permit is to enable the existing cell-on-wheels to continue to provide cellular coverage in the north Renton area until a permanent facility is built. In order to ensure that the applicant continues to prioritize the construction of a permanent site, staff recommends as a condition of approval, the applicant shall submit documentation of their progress in constructing a permanent Wireless Communication Facility prior to requesting any extensions of the Temporary Use Permit. 8. Staff received no public or agency comments. TRANSMITTED this 2nd day of December 2022 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Construction Industry Training Council 1930 116th Ave. NE, Bellevue, WA 98004 Paul Slotemaker 12803 NE Airport Way, Building 6, Portland, OR 97230 TRANSMITTED this 2nd day of December 2022 to the Parties of Record: None TRANSMITTED this 2nd day of December 2022 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Amanda Askren, Acting Economic Development Director Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal D. DECISION: The Temporary Use Permit is hereby Approved with Conditions and subject to the following conditions: 1. The site occupied by the temporary use shall be restored to the original condition when the use ceases to exist. DocuSign Envelope ID: A9383FBA-DF46-4B60-80B3-17E758A2FF5B City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA22-000344, TP Report of December 2, 2022 Page 5 of 5 D_COW TUP Decision_221114_v1.docx 2. The power connection for the temporary facility shall be undergrounded during the construction phase of the CITC project and shall no longer utilize overhead power either on or off-site. 3. The applicant shall submit documentation of their progress in constructing a permanent Wireless Communication Facility prior to requesting any extensions of the Temporary Use Permit. Signature: Vanessa Dolbee, Planning Director Date E. 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. APPEALS: 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. 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 or 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. EXPIRATION: A Temporary Use Permit for Temporary Wireless Communications Facilities is valid for up to one hundred eighty (180) consecutive days of the effective date of the permit, unless the Community & Economic Development Administrator or designee establishes a shorter time frame. EXTENSIONS: Extension requests do not require additional fees and shall be requested in writing prior to permit expiration to the Department of Community & Economic Development Administrator. Two (2) extensions of the original temporary use permit of up to one hundred eighty (180) consecutive days (excluding installation and removal) per extension may be approved by the Administrator upon a showing that the proposed installation or repairs are actively progressing. DocuSign Envelope ID: A9383FBA-DF46-4B60-80B3-17E758A2FF5B 12/2/2022 | 9:23 AM PST CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Verizon Wireless Cedar River COW Land Use File Number: LUA22-000344, TP Date of Report December 2, 2022 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Paul Slotemaker 12803 NE Airport Way, Building 6, Portland, OR 97230 Project Location 111 Meadow Ave N (APN 1352300071) The following exhibits are included with the ERC report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan and Drawings Exhibit 3: RF Justification Letter prepared by Verizon Wireless Exhibit 4: Noise Report prepared by SSA Acoustics, dated August 23, 2017 Exhibit 5: Non-Ionizing Electomagnetic Exposure Analysis prepared by Hatfield & Dawson Consulting Electrical Engineers, dated August 2016 Exhibit 6: Abatement Agreement DocuSign Envelope ID: A9383FBA-DF46-4B60-80B3-17E758A2FF5B