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Home My WebLink AboutExhibit 7_Admin Decision_LUA18-000405.pdfDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Decision_180717 A. ADMINISTRATIVE REPORT & DECISION DECISION: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED REPORT DATE: July 17, 2018 Project Name: Verizon Cell-on-Wheels at Bryant Motors Owner: Bryant Motors, 1300 Bronson Way N, Renton, WA 98055 Applicant/Contact: Rick Cardoza, LDC Engineering, 20210 142nd Ave NE, Woodinville, WA 98072 Project File Number: PR17-000365 Land Use File Number: LUA18-000405 Project Manager: Alex Morganroth, Associate Planner Project Summary: The applicant is requesting a Tier 2 Temporary Use Permit, pursuant to Renton Municipal Code Section 4-9-240, to extend the amount of time that the Verizon Cellular Tower on Wheels (COW) is allowed to remain on the Bryant Motor's property located at 111 Meadow Ave N. The property is located in the Commercial Arterial (CA) zoning designation. The COW would remain in its current location at the SE corner of the vacant property and is fenced for security. The base of the temporary structure is approximately 6' x 14' in size. The total leased area is approximately 30' x 35'. The COW mast holds three panel antennas and a microwave antenna, with a total max height of 40 feet (40’). Three ecology blocks are attached to the COW using guy lines to increase stability. Screening was required as a conditions of the original Temporary Use Permit approved for the structure under LUA17-000465, which the applicant has proposed to retain. The applicant is proposing the potential use of a temporary generator for emergency situations or events. The site is located within the Wellhead Protection Area Zone 1. No other critical areas are located on site and no ground disturbance activity is proposed. Project Location: 111 Meadow Ave N Site Area: 0.33 acres DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 City of Renton Department of Community & Economic Development Administrative Report & Decision VERIZON CELL-ON-WHEELS AT BRYANT MOTORS LUA18-000405 July 17th, 2018 Page 2 of 4 D_Admin Decision_180717 Analysis: During the public comment review period for the subject project, Staff received multiple comments from members of the public expressing their concern with the proposed renewal of the Temporary Use Permit for the cell-on-wheels (see Exhibit 1). A common issue raised in the comments submitted was the applicant’s failure to provide care for the arborvitae used for screening, which eventually caused all of the plants to die (see Exhibit 2). In addition, multiple comments noted that the applicant’s original intent of the cell-on-wheels was for it to be temporary in nature (6-8 months) while permanent sites were being constructed. During the time in which the original TUP was issued, the applicant applied for three permanent wireless facilities within the City. Based on these applications, the need for a temporary facility is no longer necessary as indicated in the original application. As such, the cell services should be able to be provided utilizing the permanent facilities as required by code instead of the temporary COW. 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 original Temporary Use Permit for the cell-on-wheels was approved on October 6th, 2017. As a condition of approval the applicant was required to provide landscape screening around the enclosure (Condition #3) in order to establish a visual buffer between the cellular equipment and the adjacent residential uses. Beginning in January of 2018, Staff contacted the applicant multiple times with regards to the condition of the screening, but the health of the plants did not improve and eventually all plants died due to the lack of maintenance. Additionally, the applicant was required to provide a slatted/screened chainlink or cedar fencing as a condition of the original permit. Staff notified the applicant that graffiti was found on the chain-link fence screening material around the equipment a few months after the permit was approved. The applicant removed the material but did not replace it, leaving only the chain-link fence which did not meet the condition of approval for screening of the equipment. The applicant’s failure to comply with the conditions of the original Temporary Use Permit resulted in a negative visual impact on adjacent properties. Due to the applicant’s inability to comply with the conditions of approval, which reduce the impacts of the COW, staff recommends denial of the proposed Temporary Use Permit. 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. 3. Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses; and Staff Comment: Not applicable. 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 1. 5. If applicable, the applicant has obtained the required right-of-way use permit. Staff Comment: Not applicable. DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 City of Renton Department of Community & Economic Development Administrative Report & Decision VERIZON CELL-ON-WHEELS AT BRYANT MOTORS LUA18-000405 July 17th, 2018 Page 3 of 4 D_Admin Decision_180717 B. EXHIBITS: Exhibit 1: Administrative Report and Decision Exhibit 2: Public Comments Exhibit 3: Site Photos C. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on June 23, 2018 and determined the application complete on June 25, 2018. The project complies with the 120-day review period. 2. The project site is located at 111 Meadow Ave NE (Parcel #1352300060). 3. The project site is currently vacant, except for the previously approved cell-on-wheels. 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. Staff received three public comments. 7. The original Temporary Use Permit did not comply with all conditions of approval, specifically the screening requirement. Failure to comply with the screening requirement resulted in negative impact to the adjacent properties. D. DECISION: The Bryant Motors Cell-on-Wheels Temporary Use Permit, File No. LUA18-000465, is denied. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, Planning Director Date TRANSMITTED this 17th day of July, 2018 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Bryant Motors 1300 Bronson Way N, Renton, WA 98055 Rick Cardoza, LDC Engineering 20210 142nd Ave NE, Woodinville, WA 98072 TRANSMITTED this 17th day of July, 2018 to the Parties of Record: Daniels George W Arnold-Daniels Sarah 215 Garden Ave N Renton, WA 98055 Willis Lachlan+Chika 1402 N 2nd St Renton, WA 98057 Jessica Roach 132 Pelly Ave N Renton, WA 98057 DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 7/17/2018 | 9:19 AM PDT City of Renton Department of Community & Economic Development Administrative Report & Decision VERIZON CELL-ON-WHEELS AT BRYANT MOTORS LUA18-000405 July 17th, 2018 Page 4 of 4 D_Admin Decision_180717 Willis Lachlan 1402 N 2nd St Renton, WA 98057 Diane Dobson 806 N Riverside Dr Renton, WA 98057 Brian and Mary Twidt 234 Garden Ave N Renton, WA 98057 Chris Sanchez 217 Garden Ave N Renton, WA 98057 North Renton Neighborhood Assc. 809 N 2nd St Renton, WA 98057 Kathleen Booher 809 N 2nd St Renton, WA 98057 David Keniston 439 Windsor Way NE Renton, WA 98057 Akane Yamaguchi 1008 N Riverside Dr Renton, WA 98057 TRANSMITTED this 17th day of July, 2018 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property Services Vanessa Dolbee, Current Planning Manager Rick Marshall, Fire Marshal 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. 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 July 31st, 2018. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. EXPIRATION: A Temporary Use Permit is valid for up to one year from the effective date of the permit, unless th e Community & Economic Development Administrator or designee establishes a shorter time frame or an applic ant can request that a permit be valid beyond the one year expiration, for up to five years at the time of applica tion or prior to permit expiration. 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: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE DECISION REPORT EXHIBITS Project Name: Verizon Cell-on-Wheels at Bryant Motors Project Number: LUA18-000405 Date of Decision July 17, 2018 Staff Contact Alex Morganroth Associate Planner Project Contact/Applicant Rick Cardoza, LDC Engineering, 20210 142nd Ave NE, Woodinville, WA 98072 Project Location 111 Meadow Ave N The following exhibits are included with the Administrative Decision Report: Exhibit 1: Administrative Decision Staff Report Exhibit 2: Public Comments Exhibit 3: Site Photos DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 From: Alex Morganroth Sent: Wednesday, July 11, 2018 2:39 PM To: 'dmd821@aol.com' Subject: RE: Bryant Motors Hi Diane, Thank you for your comments regarding the Verizon Cell-on-Wheels – they have been added to the record and will be considered during our evaluation of the Temporary Use Permit request. The city is aware of the applicant’s screening issues and will consider that factor during the evaluation. Thank you, Alex Morganroth, Associate Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 (425) 430-7219 | amorganroth@rentonwa.gov From: dmd821@aol.com [mailto:dmd821@aol.com] Sent: Wednesday, July 11, 2018 9:27 AM To: Alex Morganroth <AMorganroth@Rentonwa.gov> Subject: Bryant Motors This note comes to confirm the verbal message that I left you early in July. I am a party of record in the Bryant Motors Verizon Cell Tower Temporary Permit Matter. I have concerns with the aesthetics of the project - poignantly the screening. The property first put green screening that was immediately covered with graffiti and went for some period of time without remediation or removal. The property then had a bunching of trees placed in pots around the fencing. The trees have since died and now are dead trees sitting in pots which is incredibly unsightly. It's my understanding Verizon has known about this defect for some time yet has failed to remedy the same. This causes concern as (1) we are in the neighborhood and this causes unsightly blight for the surrounding properties and (2) it is a condition of the permitting and Verizon is failing to uphold this standard. Thank you for your allowance to submit this in written confirmation after July 10th as the original message was left for Mr Morganroth timely. Diane Dobson 425.980.9176 806 N Riverside Dr Exhibit 2 DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 Renton WA 98057 DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 From: Alex Morganroth Sent: Friday, July 06, 2018 9:22 AM To: 'Lachlan Willis' Subject: RE: Renewal of COW 111 Meadow Hi Lachlan, Thank you for your comments – I will add them to the project record and they will be considered by staff when evaluating the Temporary Use Permit (LUA18-000405) request. I do want to clarify that Verizon (or any other person/company) has the right to apply for any type of permit, regardless of issues that came up with previous projects. That being said, the applicant’s current non-compliance with the screening requirements will certainly be considered when evaluating the permit request. Feel free to contact me with any further questions or comments. Thank you, Alex Morganroth, Associate Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 (425) 430-7219 | amorganroth@rentonwa.gov From: Lachlan Willis [mailto:lachlanwillis@gmail.com] Sent: Saturday, June 30, 2018 5:46 PM To: Alex Morganroth <AMorganroth@Rentonwa.gov> Subject: Renewal of COW 111 Meadow I am outraged that this is even being proposed. They have not lived up their end of the deal twice for upkeep of "screening". This company cares nothing for our city and only makes changes when they are sited for it. Which they were once and brought in screening and you told me you were looking into it after I notified you that most was gone or dead. This was a temporary fix while they look d for permant solutions... Not a permanent solution. Please pass on my EXTREME aggregation as it seems the city does not care for this neighborhood but only for businesses wanting to use and abuse us. I don't see these in the Highlands nore in the Kennydale area of near the lake. I would like to continue to be a person contacted and require addition information as they obviously plan to continue to one up their request until there will be a permanent cell tower here. Sincerely, Lachlan Willis (resident, homeowner, and teacher in Renton) DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 From: Alex Morganroth Sent: Tuesday, July 10, 2018 8:08 AM To: 'Kathleen Booher' Subject: RE: Verizon COW @ 111 Meadow Hi Kathleen, Thank you for your comments – they have been added to the record and will be considered during our evaluation of the Temporary Use Permit request. The city is aware of the applicant’s screening issues and will consider that factor during the evaluation as well. Thank you, Alex Morganroth, Associate Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 (425) 430-7219 | amorganroth@rentonwa.gov From: Kathleen Booher [mailto:kbooher@gmail.com] Sent: Monday, July 09, 2018 1:40 PM To: Alex Morganroth <AMorganroth@Rentonwa.gov> Subject: Verizon COW @ 111 Meadow Alex, I would like to remain a party of record for the COW. Kathleen Booher 809 N. 2nd St. Renton, WA 98057 kbooher@gmail.com I would also like to express my frustration in Verizon's inability to meet the basic requirements of their permit. The screen is dead. It is a fire hazard and cover for transients. It has become a safety hazard for our community. It seems, from my perspective, Verizon isn't concerned about our community. The COW has an impact. Their inability to be responsible in meeting basic requirements is very concerning and has an impact. I understand there is a need, but I don't believe this is an appropriate location. This location on Bronson Way is a gateway into Downtown Renton. I would rather we find a location on city property, away from our community members. The city could earn income and our residents would feel safe, removing the fear of fire and the health impacts, our neighborhood streets would be less industrialized, and we could provide a more welcoming feel for those who enter Downtown Renton. I also believe removing the COW and screen would open the area up and discourage transients from taking up residence under the cover of the COW and dead trees. My mother taught me you that you should judge a person or organization by how they treat you when they need something from you. If they can't treat you well when they're asking you for something, they won't ever treat you well if they get what they want. They are asking permission DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 to extend their stay, but they aren't meeting the basic requirements. I am very afraid of what would happen if they are allowed to stay. If they don't care now, they never will. Thank you for your time and attention. Kathleen Booher 425-919-4653 DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0 Photos taken on June 12th, 2018 by Alex Morganroth Exhibit 3 DocuSign Envelope ID: B48DBF3F-DFB4-4F2C-8D46-77F4577646D0