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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 12/18/1984 KENT PLANNING COMMISSION MINUTES December 18, 1984 The meeting of the Kent Planning Commission was called to order by Chairman Carol Stoner at 7:30 p.m. on Tuesday, December 18, 1984, in the Council Chambers. COMMISSION MEMBERS PRESENT: Carol Stoner, Chairman Nancy Rudy, Vice Chairman Robert Anderson Robert Badger James Byrne Douglas Cullen Richard Foslin Raymond Ward COMMISSION MEMBERS ABSENT: Chuck Lambert, excused PLANNING STAFF MEMBERS PRESENT: James Hansen, Principal Planner Will Wolfert, Associate Planner Lois Ricketts, Recording Secretary APPROVAL OF PLANNING COMMISSION MINUTES Commissioner Cullen MOVED and FOR NOVEMBER 27, 1984 Commissioner Byrne SECONDED the motion to approve the November 27, 1984, Planning Commission minutes as presented. Motion carried. PUBLIC HEARING REGARDING AMENDMENTS Chairman Stoner opened the public TO THE KENT ZONING CODE (Continued) hearing to consider the proposed ordinances amending the Kent Zoning Code relating to temporary use regulations and implementing Ordinance #2396, to clarify the status of certain uses and to permit convenience grocery sales in conjunction with gasoline service stations as a special permit use. Mr. Wolfert presented the draft ordinances which implement Ordinance #2396. This ordinance eliminated alcohol beverage distilling and processing from the M3 zone and included it as a permitted use in the M1 and M2 zones. This portion of the code was inadvertently omitted in the process of recodifying the document. The City Attorney had advised that the placement of this ordinance be formalized. The other elements of Ordinance A represent an issue which had been presented to the Commission two years previously at the time the conditional use permits Agere discussed. the code requirements at that time incluoed a lengthy list of uses in the M1 and M2 zones which were allowed without a conditional use permit based on 25 percent of the gross floor footage. Since many of these were a Kent Planning Commission Minutes December 18, 1984 entirely or partially permitted uses , the changes have been made for clarification. Ordinance A also addresses mini marts which would allow retail grocery sales in conjunction with gasoline service station sales in the M1 and M2 districts. Gaso- line service stations are considered to be a special permit use in the MI and M2 zones, but the sale of food in combination with gasoline sales is not currently permitted. Changes to the development standards have been made to clarify the issue. Mr. Wolfert pointed out that Ordinance B, Temporary Use Regulations , had been in effect for one and one-half years and had solved many problems , including the sale of Christmas trees. The code amendments have now been quoted entirely in the ordinance. The sections of the draft Ordinances A and B which have double parentheses and a line through the words have been eliminated, and the underlined sections have been added to the ordinance. The following page and item numbers refer to the changes indicated on Draft Ordinance A. Industrial Park District or M1 page 3, item 12 implements the previous ordinance which includes the following addition: 12. Alcoholic beverage process, such as distilling and fermenting. On page 4 paragraph c, the following was eliminated: c. Blueprinting and photocopying services Photocopying services (including self service) Mr. Wolfert pointed out that they were already permitted in the Ml zone. c. Warehousing and storage (mini warehouse) Research, development, and testing services Photofinishing services This refers to blueprinting and photocopying services which were already permitted uses. On page 5 under B. Special Permit Uses "with or without retail convenience grocery sales" has been added. It now reads: 1 . Gasoline service stations with or without retail convenience grocery sales. Limited Industrial District or M2, item 12, page 10, the following has been added: 12. Alcoholic beverage processes, such as distilling and fermenting. On page 11 the following have been eliminated: c. Blueprinting and photocopying services Photocopying services (including self service) a -2- ) Kent Planning Commission Minutes December 18, 1984 Household goods warehousing and storage Warehousing and storage Research, development and testing services Photofinishing services On page 12 B Special Permit Use, the following has been added: "with or without retail convenience grocery sales" It now reads: 1 . Gasoline service stations with or without retail convenience grocery sales. General Industrial District or M3, page 17, the following has been eliminated: 8. Alcoholic beverage processes, such as distilling and fermenting. Under Special Permit Uses on page 23 under C Gasoline Service stations, "with or without retail convenience grocery sales" has been added. It reads: C. Gasoline Service Stations (with or without retail convenience grocery sales) "The provision of" has been added to the following paragraph. It now reads: The provision of gasoline pumps shall not be considered incidental or secondary to a permitted use, and must conform to the requirements of this section. The word "principally" in the preceding paragraph has been omitted because the section is dealing with a special permit use and principally permitted uses are separate. Also on page 23 the following has been eliminated: 8. Landscaping. A planting strip of not less than five (5) feet wide shall be provided along all property lines abutting public rights of way. Landscaping shall be in a manner assigned by the Planning Depart- ment at the time of the Development Plan Review. r1r. ,dolfert pointed out that the five-foot landscaping requirement has been deleted from the code requirement, but now the requirement for a gasoline station and con- venience store will be as required in the development standard in the MI zone, 20 feet, and M2, 15 feet, along the public rights of way. The following has been added to page 24: 9. Off-street parking shall be provided in compliance with Chapter 15.05. Service stations previously had no parking requirement, but with the inclusion of retail sales it was necessary to include some parking requirements outside the pump islands. -3- Kent Planning Commission Minutes December 18, 1984 The following has been added to page 24: 10. The sign regulations of Chapter 15.06 shall apply. The maximum size of the convenience grocery facilities has been limited to 3,000 square feet to insure that the retail grocery sales remain as a minor use to the service stations use. Mr. Wolfert stated that he had communicated with both the Seven Eleven and the Arco station managers and both felt this requirement would not be limiting to their businesses. 11 . Convenience grocery sales facilities shall be limited to a maximum size of 3,000 square feet gross floor area in zones which do not allow retail grocery sales as a principally permitted uses. The following has been added to maintain a compatibility of these uses with other uses in whatever zone they are located. 12. Development standards and criteria of the underlying zoning district shall apply unless otherwise noted in this section. Also on page 24 "Section 5. Effective Date" has been added. It now reads as follows : Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, aoproval and pub- lication as provided by law. Mr. Wolfert mentioned that the effective date would be applied at the time the City Council acts on an issue. The following page and item numbers refer to the changes indicated on Draft Ordinance B. Temporary Use Regulations page 1 , number 4 the words "indoor or" has been added for those who wish to have exhibits inside a building. The change would read: 4. Indoor or outdoor art and craft shows and exhibits. x Mobile homes are now allowed for security personnel . The following has been added: 7. Mobile home residential units used for occupancy of security personnel when not otherwise allowed as an accessory use. In number 8 on page 1 "indoor or" and "warehouse sales" has been added speci- fically for end-of-the-year sales. The words "not more than three days in the same week or five days in the same month" has been changed because many of the sales were found to be running from weekend to weekend. Mr. Wolfert felt that this was a response to a reasonable request. Number 8 has been rewritten to read as follows : 8. Indoor or outdoor special sales , including swap meets , flea markets, parking lot sales , warehouse sales or similar activities, -4- s Kent Planning Commission Minutes December 18, 1984 limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the City of Kent. Under number 9 the maximum limit of 90 days has been eliminated. It now reads: 9. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes , located in districts where the use is a permitted use. On page 2, number 11 the 90-day limit has also been eliminated. It now reads : 11 . Temporary signs relating directly to the temporary uses herein described may be permitted for a period not to exceed the operation of the use. Said signs may be portable in nature and must be placed on premise. (No off-premise signs are permitted. ) No more than two (2) signs per use shall be permitted and no sign shall exceed 32 square feet total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required. On page 2, Section B Conditions of Temporary Use, number 5 "unless approved by ° City Council" has been deleted and "a site" has been added in addition to the following new "a" and "b. " 5. No temporary use shall occupy a site or operate within the City of Kent for more than ninety (90) days within any calendar year. Except: a. When authorized by the Planning Director, a temporary use may operate an additional 90 days if it is found that such an extension will be consistent with the requirements of paragraph C of this section. b. When authorized by the Hearing Examiner, a temporary use may operate an additional one (1 ) year if it is found that such an extension will be consistent with the requirements of paragraph C of this section. Mr. Wolfert pointed out that the Hearing Examiner system is specifically designed to handle time extensions. If the applicant is not satisfied with the decision of the Hearing Examiner, there is still the opportunity to appeal to the City Council . i On page 3, Section 2 Temporary Use has been defined as follows: 15.02.033 USE, TEMPORARY Any activity and/or structure permitted under the provisions of Section 15.08.205 of the Kent Zoning Code which is intended to exist or operate for a limited period of time and which does not comply with zoning code development standards and require- ments as specified for the zoning district in which it is located. -5- Kent Planning Commission Minutes December 18, 1984 Commissioner Badger asked if the city were to annex properties and zone them as residential and seasonal retail sales were allowed on the properties, would they be permitted to continue. Y Mr. Wolfert responded that number 10 deals with products raised off the premises. The owners would not be allowed to purchase products from another location and set up a stand on their property. Chairman Stoner opened the public hearing and requested comments regarding either ordinances. Verbatim Minutes Barghausen: Thank you Madam Chairperson. After a long wait last month, I think we are finally ready. I ' ll be very brief. My name is Tom Barghausen with Barghausen Engineers here in Kent, and I am speaking in support, I believe it is number B, a section about the convenience stores attached to gas stations as a special permit use in the Ml zone. I believe this amendment was brought about as a result of our initiation of a request through the City Planning F' Department and we think there is a lot of good rationale behind this, and it has all been taken into consideration to get to the point where we are tonight. But what I really want to talk about briefly is how we got here and talk about basically the interaction with the Kent staff, which in this case was really quite amazing. In my business where we have to represent a lot of different clients and people and have to interact with governmental authorities, we often run into the proverbial stone wall , as everybody does. A lot of the ideas that our clients have, of course, are not very good and they may not be reasonable. Some are good and some are reasonable, and it is very difficult in our business to try to get those ideas across a lot of times to staff level people or to their superiors that something does warrant further study and something does have some merit to pursue in response to a change or an amendment. In this particular case, gosh, I started, it must have been back in April of last year, 1984, ap- proaching initially Ed Heiser. . . I see him in the audience tonight. Ed is the guy that is on the counter most of the time and deals with people like myself who bring applications up for approval initially. In this particular case instead of a flat "no" . . because if you read the zoning code at the time it just simply was not listed. . .we talked about it and I got some positive feedback, and we went through a three-month process where there was an exchange of information. . . ; me providing information and getting some comments back and some of that in writing, having several meetings with Ed, who I know certainly has a busy schedule, and finally coming up to a point where I caught the attention of Will Wolfert in the city, and I am sure Jim Harris. They started to say that this does have some merit. They were helping along the way to try to promote this idea, be- cause, again, they took the time to listen to it. After that Will has been carrying the ball on the issue because they made the decision to do it, and we have taken a back seat at this point waiting for the ordinance to go through. You just don ' t see that occurring most places, and I think that is a real credit to how the operation is run in the Planning Department. I 'd like to say this doesn' t happen very often. You compare that to King County or some other cities where there just isn't the time or effort put into the interaction with the public. Frankly, I don't live in the city myself, but my business is -6- Kent Planning Commission Minutes December 18, 1984 in the city and I certainly deal a lot in the city, and it is important to me how the government officials interact with us. We don't try to be unreasonable. We try to approach the city with good ideas in individual cases, and I am sure a lot of citizens feel the same way. I think to have the Planning staff respon- sive when it is proper to do so. . . I think this is a very important point. Other than that I hope you would proceed to approve the ordinance, but I think the issue with the staff is well taken. Thank you. Hansen: We even have that on tape, by the way. Stoner: Can we have that section of the verbatim minutes outlined in red when they go around. End of Verbatim Minutes There was no other testimony. Commissioner Cullen MOVED and Commissioner Foslin SECONDED the motion to close the public hearing. Motion carried. Chairman Stoner asked for comments, questions or request for clarification re- garding the ordinances. (There were none. ) Commissioner Rudy MOVED that Ordinance A be accepted as written. Commissioner Badger SECONDED the motion. Motion unanimously approved. Commissioner Rudy MOVED that Ordinance B be accepted as written. Commissioner Byrne SECONDED the motion. Motion unanimously approved. ADJOURNMENT The meeting was adjourned at 8:05 p.m. Respectfully submitted 1 Jame P. Harri , S cretary -7- a