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HomeMy WebLinkAboutD_COW_TUP_Decision_Exhibits_200109_v5_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_COW TUP Decision_200109_v5_FINAL A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: January 10, 2020 Project File Number: PR17-000365 Project Name: Verizon Wireless Cedar River COW Land Use File Number: LUA19-000314, TP Project Manager: Alex Morganroth, Senior Planner Owner: Construction Industry Training Council, 1930 116th Ave. NE, Bellevue, WA 98004 Applicant/Contact: Kim Allen, Wireless Policy Group, 1420 W Gilman Blvd 9030, Issaquah, WA 98027 Project Location: 111 Meadow Ave N Project Summary: The applicant (Kim Allen of Wireless Policy Group on behalf of Verizon Wireless) is requesting a Tier 2 Temporary Use Permit, pursuant to Renton Municipal Code Section 4-9-240, to allow for the continued use of the site at 111 Meadow Ave N for a temporary wireless facility (aka cell on wheels, COW,). The 14,454 SF 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 40'. The COW mast holds three 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. Screening was required as a condition of the original Temporary Use Permit approved for the structure, which is now required by code and which the applicant has proposed to maintain. 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: 0.33 ac DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA19-000314, TP Report of January 10, 2020 Page 2 of 5 D_COW TUP Decision_200109_v5_FINAL B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: RF Justification Letter and Noise Report prepared by Verizon Wireless Exhibit 4: Public Comment #1 C. ANALYSIS Staff received one public comment (see Exhibit 4) expressing concern with the length of time that the facility has been installed on the site. The COW was originally installed on the site in October of 2017 (LUA17-000465). After expiration of the original permit on April 6, 2018, the applicant applied for a new Temporary Use Permit or order to extend the permit an additional year (LUA18-000405). Staff issued a denial decision due to the applicant’s failure to maintain the vegetative landscaping required as a condition of the original permit. The applicant appealed the decision to the Hearing Examiner and on November 7, 2018, the Hearing Examiner reversed the City’s decision and granted the applicant a new Temporary Use Permit with an expiration date of January 6, 2020. The City requested a reconsideration of the appeal decision on November 21, 2018, but the decision was upheld by the Hearing Examiner. Since the appeal and reconsideration decisions were issued, the applicant has adequately maintained the vegetative screen by installing a temporary automatic watering system and quickly replacing any shrubs that die. The applicant intends to install a permanent rooftop facility on the future CITC building to be constructed on the adjacent site at 1300 Bronson Way N. Staff Comment: Based on the applicant’s success in maintaining the screening around the facility, their intent to install a new permanent facility as soon as possible, and the applicant’s stated need for the temporary facility in order maintain the level of service required for emergency communications, staff supports this request. However, in order to ensure that progress is being made towards constructing a new facility and eliminating the need for the COW, staff recommends as a condition of approval that the applicant submit documentation of their progress in locating and leasing a site for the installation of a permanent Wireless Communication Facility that would create enough capacity to eliminate the need for the COW or other temporary wireless communications facilities on the site. The proposed COW is subject to the Temporary Wireless Communications Facilities Standards in RMC 4-4-140.F: 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 existing 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. Therefore, the facility complies with the location requirements for Temporary Wireless Communication Facilities. DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA19-000314, TP Report of January 10, 2020 Page 3 of 5 D_COW TUP Decision_200109_v5_FINAL 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: An existing vegetative screen is located around the COW. Existing vegetation includes approximately 11 six-foot tall arborvitae shrubs in planters with an automatic watering system on both the north and south side of the site. The COW is screened on the east side facing Meadow Ave N by existing 10- foot tall arborvitae shrubs planted in the right-of-way. 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: 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 existing COW currently receives power from an overhead connection to a PSE electric pole in the Meadow Ave N right-of-way. CITC, the owner of the site, is required to underground all overhead utilities as part of their approved project on the site. In order to ensure the future CITC project will comply with the undergrounding requirements as required by code, staff recommends as a condition of approval that the applicant be required to underground the temporary power pole connection for the temporary facility during the construction phase of the CITC project and no longer utilize overhead power either on or off-site. 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 if the conditions of approval are met. D. 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. DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA19-000314, TP Report of January 10, 2020 Page 4 of 5 D_COW TUP Decision_200109_v5_FINAL 6. Staff received one public comment. TRANSMITTED this 10th day of January 2020 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Construction Industry Training Council, 1930 116th Ave. NE, Bellevue, WA 98004 Kim Allen, Wireless Policy Group, 1420 W Gilman Blvd 9030, Issaquah, WA 98027 TRANSMITTED this 10th day of January 2020 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 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 10th day of January 2020 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property Services Vanessa Dolbee, Current Planning Manager 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. 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 locating and leasing a site for the installation of a permanent Wireless Communication Facility that would create enough capacity to eliminate the need for the COW or other temporary wireless communications facilities the site. Signature: Jennifer Henning, Planning Director Date DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 1/10/2020 | 1:22 PM PST City of Renton Department of Community & Economic Development Verizon Wireless Cedar River COW Administrative Report & Decision LUA19-000314, TP Report of January 10, 2020 Page 5 of 5 D_COW TUP Decision_200109_v5_FINAL 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. 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. APPEALS: Appeals of the permit issuance must be filed in writing on or before 5:00 p.m. on January 24, 2020. Appeals must be filed in writing together with the required fee with Hearing Examiner, c/o City Clerk, City of Renton, 1055 South Grady Way, Renton, WA, 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4 8 110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, 425 430 6510. 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: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Verizon Wireless Cedar River COW Land Use File Number: LUA19-000314, TP Date of Report January 10, 2020 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Kim Allen, Wireless Policy Group, 1420 W Gilman Blvd 9030, Issaquah, WA 98027 Project Location 111 Meadow Ave N The following exhibits are included with the ERC report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: RF Justification Letter and Noise Report prepared by Verizon Wireless Exhibit 4: Public Comment #1 DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 1 1 ZONING: ADJACENT ZONING: ZONING MAP NOT TO SCALE PROPOSED QUANTITIES POWER LENGTH: ±18' FIBER/TELCO LENGTH:N/A ROAD LENGTH:N/A UNDERGROUND: OVERHEAD:±18' SITE PLAN 22"x34" SCALE: 1" = 20'11"x17" SCALE: 1" = 40' PROJECT CA PROPOSED VERIZON WIRELESS ANTENNAS AND MICROWAVE MOUNTED ON CELL ON WHEELS (COW) WITHIN A TEMPORARY FENCED COMPOUND EXISTING SITE ACCESS SITE PLAN A-1.0 CA (COMMERCIAL ARTERIAL) R-10 (RESIDENTIAL 10 DU/AC) SHEET NUMBER SUBMITTALS DATE: DRAWN BY: CHECKED BY: SITE DESCRIPTION BYDATE SHEET TITLE REV SEA CEDAR RIVER COW 1300 BRONSON WAY N RENTON, WA 98055 6-28-17 RJG RBH 1 6-28-17 PRELIMINARY ZONING RJG 2 7-10-17 FINAL ZONING ENS 3 8-23-17 FINAL ZONING RJG 4 10-18-17 RFZD: RELOCATE COMPOUND RJG APPROVAL STAMP Structural Engineering Architectural www.LDCcorp.com 20210 142nd Ave NE Woodinville, WA 98072 THE CIVIL ENGINEERING GROUP Fx. 425.482.2893 Ph. 425.806.1869 Survey 8828 CA CA CA CA CA ADJACENT ZONING: CA (COMMERCIAL ARTERIAL) ADJACENT ZONING: CA (COMMERCIAL ARTERIAL)ADJACENT ZONING: CA (COMMERCIAL ARTERIAL) ADJACENT ZONING: CA (COMMERCIAL ARTERIAL) R10R10R10 114'±TOWERSETBACK21'± TOWER SETBACK 79'± TOWER SETBACK 24'± TOWER SETBACK Exhibit 2 DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 Entire Document Available in Laserfiche Submittals Folder Exhibit 3 RECEIVED 06/26/2018 amorganroth PLANNING DIVISION DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6 From: Lachlan Willis <lachlanwillis@gmail.com> Sent: Monday, December 16, 2019 12:13 PM To: Alex Morganroth Subject: Re: Verizon Cell-on-wheels Attachments: image001.png Hi Alex, I did notice this request coming through and had hoped that the new owners would stop the tower being there. I was told that they had a contract and couldn't remove it. Now it seems that contract is up and they are playing the game again. Is anyone in touch with the organization Citc? What role do they play in allowing or not allowing this? How long can Verizon have to use the other properties they wanted to out permanent structures on? It's rather ridiculous that we as a city and a neighborhood have no say in what happens in our neighborhood. I will have neighbors contact you also. Thanks for your help Lachlan On Mon, Dec 16, 2019, 9:23 AM Alex Morganroth <AMorganroth@rentonwa.gov> wrote: Hi Lachlan, Exhibit 4 DocuSign Envelope ID: D1DF9714-6D15-4F23-AB8B-17D9CB83D3F6