HomeMy WebLinkAboutCity of Renton – Request for Reconsideration
February 14, 2020
Mr. Phil Olbrechts
Hearing Examiner
City of Renton
1055 S Grady Way
Renton, WA 98057
SUBJECT: Request for Limited Reconsideration
PSE’s Energize Eastside, LUA19‐000055, CU‐H, SME
Dear Mr. Examiner:
As the City’s Project Manager for the Energize Eastside land use application, please accept the
following request for limited reconsideration to the February 6, 2020 decision on the aforementioned
application. The request for limited reconsideration is based on two matters. The first is related to
Condition #9 that requires the applicant to provide art wraps on up to 12 transmission line poles. The
second seeks to correct the decision’s misidentification of a City of Bellevue staff member who
testified at the hearing.
Issue No. 1 on Limited Reconsideration
Condition #9 Art Wraps
Condition #9 of the Energize Eastside Conditional Use Permit states:
Individual art wraps for the transmission line poles shall be submitted to the
Current Planning Project Manager for review and approval prior to the issuance
of a Construction Permit. PSE will install art wraps at up to 12 transmission line
pole locations (including those previously discussed and identified by the City at
the Renton Technical College and on publicly visible PSE‐owned property).
Artwork shall be installed prior to the energizing of the transmission line,
or as otherwise approved by the Current Planning Project Manager, but at no
point will art installation delay the transmission lines from being energized. The
Current Planning Manager may require a cash security bond for completion of
the artwork if it is not installed prior to energizing.
Prior to the hearing, staff and the applicant discussed this condition and it was agreed upon by the
applicant to increase the number of art wraps from “up to 12” to “up to 15”. However, we did not
come to agreement on inclusion of the following two statements: 1) “…but at no point will art
installation delay the transmission lines from being energized.” And 2) “(including those previously
discussed and identified by the City at the Renton Technical College and on publicly visible PSE‐owned
property)”. Statement 1) above removes the incentive for PSE to proactively work with the City to
implement the condition as this statement allows PSE to complete construction and energize the
power lines without a requirement to comply with the condition. If project completion is not a
deadline for compliance with conditions then compliance with this condition could be delayed for
multiple years following completion, if ever. The City fully believes that we can work with PSE to find a
reasonable time frame or alternative to “energizing the transmission line” such as the noted cash
security bond however, the removal of this phrase in the condition is key to our ability to successfully
negotiate an alternative compliance incentive prior to project completion. Statement 2) was
requested to be removed as the record does not contain any documents that memorialize what was
“previously discussed” which would leave this portion of the condition ambiguous and difficult to
enforce. The City recommends removal of this statement to allow for flexibility in site location
selection to be coordinated with PSE and other interested property owners at the time of installation.
The total number of art installations (up to 15) provides PSE with predictability as this number would
be retained in the condition as a not to exceed amount.
Therefore, staff would like the following phrase removed: “(including those previously discussed and
identified by the City at the Renton Technical College and on publicly visible PSE‐owned property)” to
retain flexibility in selecting artwrap location and “…but at no point will art installation delay the
transmission lines from being energized” to ensure that the City has some leverage to ensure the art
wraps are installed and or a surety is posted in lieu of art wrap installation before the line are
energized. Therefore staff requests the following change as shown below to Condition #9:
Individual art wraps for the transmission line poles shall be submitted to the
Current Planning Project Manager for review and approval prior to the issuance
of a Construction Permit. PSE will install art wraps at up to 12 15 transmission
line pole locations (including those previously discussed and identified by the
City at the Renton Technical College and on publicly visible PSE‐owned property).
Artwork shall be installed prior to the energizing of the transmission line,
or as otherwise approved by the Current Planning Project Manager, but at no
point will art installation delay the transmission lines from being energized. The
Current Planning Manager may require a cash security bond for completion of
the artwork if it is not installed prior to energizing.
Issue No. 2 on Reconsideration
At page 31, the Hearing Examiner’s decision references testimony from “Carol Hellend from the
Development Services Department of the City of Bellevue.” The audio recording of the hearing will
reflect that it was instead Liz Stead, Land Use Director for the City of Bellevue. For clarity of the record,
Staff requests that the decision remove all references to testimony from “Ms. Hellend” and replace
with references to testimony from Ms. Stead.
Closing
Staff requests the Hearing Examiner reconsider the February 6, 2020 land use decision to include the
above‐referenced items.
Sincerely,
Jill Ding
Senior Planner
cc: Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Cynthia Moya, City Clerk Specialist