Loading...
HomeMy WebLinkAboutJ_Justification_191216_v1.pdf ________________________________________________________________________________________________ 1420 W. Gilman Blvd. #9030, Issaquah WA 98027 kim.allen@wirelesspolicy.com www.wirelesspolicy.com t 425.628.2666 f 206.219.6717 November 18, 2019 VIA EMAIL AND HAND DELIVERED: Chip Vincent, Community and Economic Development Administrator Jennifer Henning, Planning Director CITY OF RENTON 1055 South Grady Way Renton, WA 98057 Temporary Use Permit ("TUP") LUA 18-000405-Request For Extension Verizon is requesting an extension of Temporary Use Permit ("TUP") LUA 18-000405 of up to two years to allow time to finalize a permanent solution for this site so that Verizon customers served by this temporary site won't lose the service they depend upon in their daily lives. This request is submitted pursuant to Renton Municipal Code Section 4-9-240 (3):An applicant can request that a permit be valid beyond one year and for up to five (5) years at time of application or prior to permit expiration. Extension requests do not require additional fees and shall be requested in writing to the Community and Economic Development Administrator. Wireless data is important for public health and safety. 76% of 911 calls originate from cell phones, and it is now common for first responders to use wireless data networks from devices in their vehicles and on their person when responding to a crisis. • Wide ranges of medical devices are connected to wireless networks, helping doctors to more effectively treat their patients. Devices include smart heart monitors and smart insulin pumps. • 52% of American households are wireless-only for voice service. More than 70% of all adults aged 25-34, and of adults renting their homes, are living in wireless- only households. People are using mobile devices more than ever before, and that trend is expected to continue. November 18, 2019 Page 2 With such a pressing need for additional capacity, Verizon is adding facilities to expand and add capacity to the network, but permanent macro sites take years to lease, permit and build. The original TUP was originally granted on November 6, 2017 and vested under the temporary-use code in place today, which allows extensions of up to 5 years. 1 This code section reflects a policy position of the city that a use can be considered temporary, and not permanent, if it does not exceed 5 years. LUA 18-000405 requested an extension of the permit and was denied on July 17, 2018 and appealed to the Hearing Examiner. The permit was extended to January 6, 2020 by the Hearing Examiner who overturned the City's denial of the extension request, based on Verizon testimony that 18 months would be the maximum amount of time needed for a permanent solution. There is no prohibition in the decision against further extensions. At that time, the intent was to pursue a rooftop site to this location on the Bryant Motor property, or alternatively, to place it on a ball field light in the city owned park nearby. Eighteen months was a reasonable time estimate. However, the Bryant Motors property was subsequently placed on the market and later sold after an extended escrow in July, 2019. Verizon is in active lease negotiations for a permanent site with the new owner, but the lease agreement negotiations, permitting and construction of the roof top site cannot be completed by the January 6, 2020 expiration date. The City Parks Department has not yet reviewed a proposal requesting the ball field light solution and that site would take 2 years to permit and build. There are no other available sites for this temporary facility that would address this network need. The previous denial of the requested extension was based on a failure to maintain a landscape buffer and other repairs. As the attached photos show, the landscaping has been replaced, other than the landscape and screening improvements, there have been no changes to the approved design of the COW itself and the site complies with the original conditions of approval.2 In the Decision on Reconsideration, the Hearing Examiner affirmed the denial and noted that there was a compelling need for this facility: "The City never took the position that remaining in the same location for an additional period of time would by itself be materially detrimental to public health, safety and 1 4-9-240(3) 2 Verizon has also provided the City with a maintenance bond. November 18, 2019 Page 3 welfare; nor is there any evidence or reasonable inference to be made that, as conditioned by staff, the continued use of the COW would be materially adverse... Given the importance of cell phone and 911 coverage to the public health, safety and welfare, using permit denial as an enforcement tool for past noncompliance issues is not a compelling reason for denial under RMC 4- 9- 240( J)( 1).3" From a policy perspective, there is no compelling reason to treat this temporary use differently than other temporary uses, especially at a time when these temporary wireless facilities are maintaining the network until other solutions are ready to go. Verizon has been at the table working on a small wireless facility franchise agreement since August of 2016. The franchise agreement was approved by the Council just 2 weeks ago on November 4, 2019. Small wireless facilities also take time to lease, permit and build. The small wireless code update was many months in the making and still needs additional work. In the meantime, temporary cells on wheels have been the Band-Aid fix for a rapidly growing demand on the network and will continue to be important until these other tools in the toolbox are up and running. We would request an extension of up to two years, with a check in at one year to report progress on a permanent solution. Sincerely, Kim Allen, Wireless Policy Group, LLC, Representative for Verizon Wireless Enc. 3 Hearing Examiner Decision on City Request for Reconsideration of Final Decision of Appeal of Decision to Deny Tier 2 Temporary Use Permit dated December 28, 2018.