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
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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)
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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.
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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,
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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 .
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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.
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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
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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
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Jame P. Harri , S cretary
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