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HomeMy WebLinkAboutExhibit 8_J_VarianceJustification_Fencing_SSeattleGateStation Puget Sound Energy P.O. Box 97034 Bellevue, WA 98009-9734 PSE.com April 2nd, 2024 City of Renton Planning Division RE: PSE South Seattle Gate Station Security Upgrades, Fence Variance Justification PSE is seeking variance approval under Renton Municipal Code (RMC) 4-9-250-B to exceed the fence height restrictions listed in RMC 4-4-040 FENCES, HEDGES, AND RETAINING WALLS in order to support security upgrades at PSE’s South Seattle Gate Station located at 730 S. 21st Street (parcel #s 7222000070 and 7222000071). The gate station is located on the northwest corner of S. 21st Street and Benson Drive S (SR- 515). Background The South Seattle Gate Station receives gas from the William’s transmission pipeline which is then transferred to PSE’s gas distribution pipelines on the site to serve the region. The South Seattle Gate Station has been operating in its current location since 1957 and has a network of underground pipes that distribute natural gas across the region. The site is developed with utility accessory buildings that are up to 15 feet in height, above the existing fence height. The site is also developed with above ground pipelines that are visible from road right-of- way. This district regulator supports the City of Renton and surrounding region. The South Seattle Gate Station is situated within a single-family residential zoning district, Residential-8 (R-8) and is connected to underground gas infrastructure including the Williams pipeline that enters the site from the east and a number of PSE distribution gas pipelines that go north, east and west from the site. The existing PSE Gate Station was legally established in 1957, when the property was located in unincorporated King County and prior to adoption of current zoning regulations. The gas gate station is a conditional use in the R-8 zoning district and is defined as a “large utility” under RMC 4-11-210 Definitions U. Between 1957 and present day the properties around the gate station to the north, west and south have undergone residential development consistent with the R-8 zoning. The several acre property to the east is also developed with a non-residential utility use and is also owned by PSE. The adjacent parcel to the north includes single-family residential development; however is approximately 280 feet from the developed gate station and is separated from the developed portion of the gate station site by a large forested area. The property to the west is a City park with tennis courts. The closest residential development sits approximately 87 feet from the southern fence line of the gate station across S. 21st Street. The housing across S. 21st was developed in 2008 and the owners purchased the homes with the understanding that the existing gate station was located to the north of their property. Benson Drive S. is a state highway and a principal arterial and S. 21st Street is a collector street. The gate station sits in the southeast corner of the site and is currently surrounded by a 6 foot high chain link fence with (12 inches) of razor wire on top. The site slopes up to S. 21st Street. Benson Drive S. and portions of S. 21st Street sit above the site and the paved surface is separated from the grass shoulder by a jersey barrier. There is a slope and rock wall between the grass shoulder and the gate station fence within road right-of-way. As the site slopes towards S. 21st Street, the surrounding roadways become more elevated above the site and the top of the fence becomes closer to the grade of the top of the rockery and the same height of the jersey barrier that wraps around to S. 21st Street. Near the corner of Benson Drive S. and S. 21st Street, the fence sits on an existing concrete wall of varying heights (see photos in exhibit PN_Site_Photos). The gate station site is accessed via a driveway off of S. 21st Street. Request RMC4-4-040-D limits the height of fences within residential zoning districts to 72 inches (6 feet) above grade. On the north, west, and south sides of the gate station site PSE is proposing to replace the existing 6 foot tall fence with an 8 foot tall mesh security fence with 4 inches of anti-climbing ribbon. A section of the fence is proposed to be 14-feet 4-inches along the east side of the gate station, facing the intersection of Benson Drive S and 21st Street due to the site sitting significantly lower than the surrounding road rights-of-way. This height includes an existing 6- foot high concrete retaining wall (height varies from 1-foot to 6-feet along Benson Drive S.) that the fence will be mounted to that supports soils between the station and Benson Drive S. Along the East side, the new fence reaches above the existing grade of Benson Drive S. at variable heights as illustrated in the renderings (see Exhibit PN_Visual_Renderings), resulting in a variable “perceived fence height” of anywhere between 8 feet and 3 feet above existing adjacent roadway and barrier. Along the east side of the gate station, existing power lines are located within road right-of-way and the fence faces Benson Drive, which is elevated above the existing grade of the gate station, separated by a grass covered and partially vegetated 6 foot tall fill slope as well as a rockery wall that supports Benson Drive S. soils. In addition, an existing concrete barrier at the back of sidewalk along the corner of Benson Drive S. and S. 21st Street partially obscures the view of the gate station from passing motorists and pedestrians. PSE is proposing a new black powder-coated fence, that is 14 feet 4 inches tall at its tallest height (height includes an existing concrete wall that the fence will be mounted to that supports soils between the station and Benson Drive), with 4 inches of ribbon strip on top. Along the East side of the gate station, the new fence reaches above the existing grade of Benson Drive S. at variable heights as illustrated in the visual simulations below, resulting in a variable “perceived fence height” of anywhere between 8 feet and 3 feet above existing adjacent roadway and barrier features. The requested variance is essential for security of the existing South Seattle Gate Station. The Gate Station serves a critical function in the areas gas distribution and pressure regulation system that serves the region. The Transportation Security Administration (TSA) and PSE personnel have established a process to identify and evaluate infrastructure vulnerabilities. As a result of this process, TSA recommended that PSE add height above the existing fence height in order to better protect this valuable asset. The additional fence height will obscure lines of sight and access into the gate station deterring potential delinquent or unlawful threats to the gate station, while still providing enough transparency to see potential illegal encampments surrounding the gate station on the undeveloped portion of the site. The dental strip (about 4- inches) on top of the fence will prevent any potential threat of climbing over the fence into the gate station. PSE will not be impacting the existing landscaping and rockery, which the mature ornamental landscaping provides screening from public roadways and walkways. Figure 1 (above) and 2 (below) are visual simulations of the proposed fencing with the additional two feet. RMC 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATIVES B. VARIANCE PROCEDURES: 6. Decision Criteria: Except for variances from critical areas regulations, a determination shall be made in writing that the conditions specified below have been found to exist: 1. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; Response: The South Seattle Gate station is located within the R-8 zoning district, which limits fence height to 72 inches (6-feet). The strict application of the zoning code, which imposes a fence height applicable to the residential development, is not practical or safe for a gas utility gate station use, which is a conditional use in the R-8 zoning district and establishes special circumstances on the subject property not typical of residential development. The existing gate station facility on the site is currently surrounded by a 6-foot high chain link fence, which no longer meets Transportation Security Administration (TSA) and PSE safety, security, and compliance standards; standards of which are unique to this type of use and do not apply to residential development. In response to the need for heighten security at this location, TSA has recommended additional fencing height. Without the variance, PSE would not be able to securely operate critical utility infrastructure and implement federal recommendations for safety. Due to the unique nature of the gate station as an established use within the R-8 zone; it is not practical or safe for this critical gas utility infrastructure to be subject to the same use standards as single-family residential uses in the same zoning district. The gate station site sits below the grade of the surrounding road rights-of-way, in some areas 6 feet or more, with the property line being at the base of the slope or rockery located within the adjacent road right-of-way. The purpose of the fence is for screening and security. A fence that is installed at the base of the slope/rockery, like the existing 6 foot fence, does not provide site screening due to the difference in elevation of the surrounding road rights-of-way that sit above the site. Residential fencing in the area, including fencing around the development to the south of the site, is constructed from grade that is closer in elevation to the surrounding rights-of-way, including Benson Drive S., a state highway, which is not indicative of a residential street. Some residential fencing is also installed atop rockeries adjacent to the right-of-way. Allowing PSE to install a fence that is 8 – 14 feet from grade will result in a fence height that is similar in height along the road rights-of-way to fences in the vicinity of the site. 2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; Response: The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone. The goal of the project is replace the existing fence in its existing location with a taller fence based on security recommendations from the TSA. The black powder coating will also minimize the new fencing while providing the additional security needed. There will not be any expansion of the gas gate station. The new fence will be installed in the same location as the existing fence. The gas gate station has been at this location since 1957 when the property was within unincorporated King County. The closest single-family residential development is to the south of the site across S. 21st Street, which was constructed in 2008. The gate station is screened from surrounding development to the north and west by large forested areas on the site. PSE is not changing the use of the site and since the fence will be taller and of a mesh material, will screen the gate station site more than the existing 6 foot tall chain link fence. The purpose of installing taller fencing around the gate station is to secure the site from potential nefarious activities, which is in the best interest of the public welfare. 3. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; Response: The granting of the variance will not constitute a special privilege inconsistent with other properties in the vicinity. The gate station site sits lower in elevation from the surrounding road rights-of- way than surrounding residential properties. Residential properties to the south of the site across S. 21st Street have yards that face S. Benson Drive, a state highway, that are fenced for privacy and screening. PSE is requesting to replace an existing fence with a fence that is taller, but will be set below the grade of the surrounding rights-of-way, making the roadside fence elevation lower in height than the property side fence elevation and similar in height to fences on residential properties that are adjacent to Benson Drive S. The replacement fence will be a mesh material for security of the site, but will also serve to screen the site better than the existing chain link fence which is more transparent. 4. That the approval is a minimum variance that will accomplish the desired purpose. Response: The proposed height is the minimum height to most effectively protect and secure the gate station, meeting TSA recommendations and PSE security standards. Based on a pre-application letter issued by the City of Renton Department of Community and Economic Development on August 10, 2023 for the proposed fence replacement project, PSE has been asked to address the following additional criteria: 1. Landscaping: Please note that residential zones require 10 feet of onsite landscaping along all public street frontages. Any variance to the fence standards may require a landscape screen between the right- of-way and proposed fence. Response: Per RMC 4-10-020 NONCOMFORMING SITE DEVELOPMENT STANDARDS, subsection C, “Remodels or other alterations within any three (3) year period that do not exceed thirty percent (30%) of the assessed or appraised value shall not be required to comply with the requirements of this subsection.” The fence replacement will not exceed 30 % of the assessed or appraised value of the existing site improvements, therefore the landscaping does not need to be brought into conformance with the current landscape regulations. 2. Clear Vision Area: The fence proposed for special permits shall have no portion in the clear vision area over forty-two inches (42”) in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from the driveway. The applicant will be required to show compliance with this requirement in the variance application. Response: Per RMC 4-2-110B DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS), no structures over 42 inches in height can intrude into the 20 foot clear vision area defined in RMC 4-11-30 in residential zoning districts, including R-8. RMC 4-11-30 defines clear vision area as, “the area bounded by the street property lines of corner lots and a line joining points along said street lines twenty feet (20’) from their point of intersection.” PSE has depicted the Clear vision triangle on the submitted plans with this application. The 20 foot clear vision area on the Gate Station property is located at the intersection of Benson Drive S. and S. 21st Street. Since the property line is at an angle at the intersection, the 20 foot clear vision area falls outside the property lines and is located within road right-of-way, so no portion of the proposed fence will fall within the clear vision area. References: TSA 2018. U.S Department of Homeland Security, Transportation Security Administration, Pipeline Security Guidelines, March 2018 (with Change 1 (April 2021).