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
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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
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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
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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
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City of Renton Department of Community & Economic Development
Comcast - Kent
Administrative Report & Decision
LUA23-000177, CU-A, V-A
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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
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City of Renton Department of Community & Economic Development
Comcast - Kent
Administrative Report & Decision
LUA23-000177, CU-A, V-A
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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.
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City of Renton Department of Community & Economic Development
Comcast - Kent
Administrative Report & Decision
LUA23-000177, CU-A, V-A
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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
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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
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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.
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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
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