HomeMy WebLinkAboutM_Emergency Access Modifcation_170426_v1Rory Dees
Managing Member
RAD Holdings LLC
1040 West Lake Sammamish Pkwy SE
Bellevue, WA 98008
206 715-4559
April 10, 2017
Clark Close
Associate Planner
1055 South Grady Way
Renton, WA 98057
RE: Modification request for an emergency access road to 3112 and 3106 Talbot Road S. or Valley Vue
Plat
Dear Mr. Close,
Status:
Currently we are proposing a two lot short-plat subdivision for the properties addressed at 3112
and 3106 Talbot Road S., Renton APN 12-000280. The subject parcel was improved with two houses
(3106 and 3112 Talbot Road S) that access off of Talbot Road S. Under the proposed Valley Vue short
plat, additional access would be provided to the newly created lots over one recorded easement shown
on the adjacent Winspur subdivision map. The easements clearly state their purposes as to provide
access, egress, and utility easement for the parcel no. 28, which is cited by assessor’s parcel number.
This easement will allow access to the proposed two lots via a private road located on Tract H and
would be used for emergency vehicle traffic through a locked gate. The creation of these two lots would
create a conforming lot configuration for the two existing house improvements. As condition of
approval in the Final Decision--Hearing Examiner’s report for the City of Renton’s Preliminary Short
Plat LUA 16-000272, an emergency access road is required on Tract H.
Modification Request:
As conditioned by this request, there are no significant adverse impacts associated with the development
proposal and substantially implements the policies and objectives of the Comprehensive Plan Land Use
Elements. The project will be served by adequate/appropriate infrastructure and public services, as
would be expected since no new dwelling units will be constructed. Infrastructure/services are more
specifically addressed as follows:
Water and Sewer Service: The site is served by the City of Renton for both water and sewer.
Police and Fire Protection: Police and fire service would be provided by the City of Renton. Police
and fire service staff have concluded they have sufficient resources to serve the proposal. Fire impact
fees will be collected during building permit review to pay for proportionate share fire system
improvements. The fire chief persuasively testified that the existing access from Talbot Road is
insufficient for fire access, since its eight to ten-foot width is insufficient to accommodate the eight-foot
wide fire apparatus vehicles used for emergency response. The project site also has no emergency turn-
around, which is required by City fire code standards for driveways of the length of the project site. In
order to remedy the situation, the applicant proposes use of Tract H for fire access. The Fire Chief
found this proposed access to be appropriate. The conditions of approval will require that provision for
turn-around be provided as required by City fire access standards.
Drainage: The City’s storm-water standards, primarily adopted as the 2009 King County Surface Water
Design Manual and City amendments thereto, assures that there will be no adverse impacts to
surrounding properties caused by storm-water discharge resulting from the development. As testified
by Public Works staff, those storm-water standards require no storm-water improvements because the
proposed addition of impervious surface, limited to the paving of Tract H, is not sufficient to trigger any
storm-water analysis or improvements. As confirmed by Public Works staff, the amount of impervious
surface will not create any flows that are significant enough to adversely affect neighboring properties.
There was no expert testimony to the contrary on this issue.
Parks/Open Space: No park impact fees are required by City standards because no new residential
development is being proposed. Beyond park impacts fees, City standards don’t require any parks or
open space mitigation for R-8 developments.
Streets: As conditioned, the proposal provides for adequate/appropriate streets. The primary point of
contention for this application was the applicant’s proposed use of Tract H for a secondary access point
to the proposed subdivision. It is determined that Tract H should be limited to emergency access only.
There are two primary reasons for determining that Tract H must be limited to emergency access. First,
use of Tract H for a shared driveway violates RMC 4-6-060(J)(1)(a). Tract H does have to be used as an
emergency access point for the proposal. The net result is that the applicant may have to acquire
modifications, waivers or variances to street standards that might apply to the currently existing internal
access road. If the currently existing residential development and access was approved by a City of
Renton or King County development permit, it appears more likely that the access point qualifies as a
protected nonconforming structure under Chapter 4-10 RMC and that no modifications, waivers or
variances would even be required.
Note that although the existing access road may not be subject to current street standards as a
nonconforming structure, this status does not protect it from the need for secondary emergency access.
As outlined in the Conclusions of Law, secondary emergency access is required as a result of the “public
safety” and “appropriate” provision for streets criteria imposed by RMC 4-7-070(H)(3) and RCW
58.17.110. Compliance with applicable development standards will generally be sufficient to establish
compliance with the more general “public safety” and “appropriate” subdivision standards. However,
when compelling evidence is presented that applicable development standards are not sufficient, the
more general subdivision criteria may be used to fill in the gap. In this case the direct evidence on public
safety presented by the Fire Chief in conjunction with the newly adopted standards constituted
sufficiently compelling evidence that the street standards that may apply via the nonconforming
structure status of the existing access was insufficient to provide for appropriate streets or public safety.
Parking: As determined by staff, sufficient area exists, on each lot, to accommodate required off street
parking for a minimum of two vehicles per dwelling unit as required by City code.
Schools: The proposal will be served by adequate/appropriate school facilities. No additional students
would be generated by the proposed short subdivision. The emergency access route could be used as an
alternative route from the site to a school bus stop located at Talbot Road South. Concrete sidewalks
are available from S 32nd Place to the bus stop. Therefore, there are safe walking routes to the school
bus stops.
Legal Lots: Legal building sites created, which comply with all provisions of the City Zoning Code.
Zoning Code: The legal building sites would comply with the City of Renton Zoning Code.
Critical Areas: The proposal is consistent with the City’s critical area regulations so it is concluded that
the lot is physically suitable for development as the City’s critical areas ordinance covers all of the
physical characteristics identified.
Separation from Adjacent Lots: Landscaping within Tract H that visually screens the shared driveway
within Tract H from the abutting residential properties. A final detailed landscape plan shall be
submitted to and approved by the Current Planning Project Manager prior to construction permit
issuance. Additionally, installation of a permanent, four-foot (4’) to six foot (6’) tall fence outside the
shoulders of the Tract H emergency access shall be coordinated with the neighboring property owners
prior to construction. The fence design shall maintain compliance with height and vision clearance
sections of the code.
Conclusion:
The criterion is met. The proposal makes adequate provision for public health, safety, and
general welfare because it complies with all applicable development standards as outlined in the staff
report while at the same time not creating any adverse impacts on adjoining properties as detailed above.
A key determination in this finding on public safety, however, is that secondary emergency access is
necessary to provide adequate access to fire and medical response apparatus. As determined by the
criterion discussed above, the proposal provides for adequate infrastructure improvements as required.
The modification addresses several concerns and in fact creates a conforming condition for the two
existing houses, where currently they are not. Since the two homes on the project site have already been
constructed, the primary impacts of concern are those associated with the use and development of Tract
H as an access point.
I am requesting a modification to Tract H to allow the use of the access road for use as an
emergency access road as stated in findings in the Preliminary Short Plat LUA 16-000272. The road
would be gated and allow access to emergency vehicles to service the two homes and would satisfy the
conditions set forth in the report: Preliminary Short Plat LUA 16-000272
Thank you for your consideration of this modification.
Yours,
Rory Dees