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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 03/07/1988 KENT BOARD OF ADJUSTMENT XINUTES, ,-,, , � March 7, 1988 The scheduled meeting of the Kent Board of Adjustment was called to order by Chairman Jarvis on the evening of Monday, ; rch 7, 1988, at 7:30 PM in the Kent City Hall, City Council Chambers. MEMBERS PRESENT Robert Jarvis, Chairman Tracy Faust Walter Flue MEMBER ABSENT Beth Carroll, excused PLANNING STAFF MEMBERS PRESENT James P. Harris, Planning Director Kathy McClung, Senior Planner Stephen Clifton, Planner , Charlene Anderson, Recording Secretary .APPROVAL OF DECEMBER 7, 1987 Mr. Flue MOVED aA4, :Ms. Faust BOARD OF ADJUSTMENT MINUTES SECONDED the motbcn , to approve as printed the minut" of the December 7, 1987 Board of` , ustment meeting. Motion carried. ADDED ITEMS Mr. Harris proposed that the Board of Adjustment amend the sections of the bylaws relating to meeting times and quorum. Ms,, Foust MOVED that on the Rules and , `Regulations for Conducting Busiuos,,s, of the Board of Adjustment that under MEETINGS, that the meeting , ';be changed to the first Monday of every month beginning at 7:30 and aXoo ,that on page 4, under UQ ORUM, that three (3) members of the Boardicf Adjustment shall constitute a quorum for the Board of Adjustment and,,shall be sufficient to act and that the rest of that paragraph be stricken and replaced with language as follows: A simple majority of, a quorum shall be sufficient to conduct the Board of Adjustment bbusiness. Mr. Flue SECONDED the motion. Motion carried. FRED MEYER - KENT RETAIL STORES Stephen Clifton presented the staff VARIANCE #V-88-1 report and s4owed view foils depicting the lac�tti on of the site, proposed slopes,, and surrounding zoning. The request is for a variance to allow,,#n increase in the 1 w KENT BOARD OF ADJUSTMENT MINUTES March 7, 1988 allowable slopes from 3:1 to 2:1 along the west, south, east and northwest edges of the site. The property is located on the south side of SE 240th Street at 100th Avenue SE and is 12.7 acres in size. The property is currently zoned in two categories, eastern 2/3 is CC, Community Commercial and western 1/3 is O, Professional and Office. Topography of the site ranges in elevation from 426 to 390 feet along the west edge of the site. This difference in elevation and large coverage necessary for parking creates the need to cut and fill as proposed. Mr. Clifton described the vegetation on the site, street access, and applicable goals and policies of the City-wide Comprehensive Plan and East Hill Plan which are supported, by this request. Conditions have been imposed on the site to mitigate slippage and erosion potential. A Final Declaration of Nonsignificance was issued on August 28, 1987 with mitigating conditions. Staff has found that the granting of this variance will not constitute a grant of special privileges inconsistent with the limitations upon uses of other properties; similar requests for variance from other property owners would probably be granted provided adequate stabilization were proposed and no ether adverse impact occurred. The variance is needed because the topography of the site and the amount of coverage needed for parking requite extensive cut and fill. After reviewing comments from Building, , Fire and Public Works, the Kent Planning Department has determined that granting of the variance should not be materially detrimental to the public welfare. Additional landscaping and the use of cellulose fiber is required on slopes of 2: 1; slopes greater than 2:1 shall be stabilized by a rockery wall. The Kent Planning Department recommends approval of the variance with conditions stated in the staff repott. Mr. Warren Tyler, Jensen Krause Schponleber Architects, 1962 NW Kearney Street, Portland, OR 97209 stated that in order to get the maximum use permitted, the site needs a lot of cut and fill, which is balanced out through the use of slopes. Any slopes over 2:1 have rockery walls and Mr. Tyler agrees with Mr. Clifton regarding the use of cellulose netting to prevent future slippage;. he has no problems with returning to the site to correct any future problems in this regard. In response to Ms. Faust, Mr. Tyler indicated "additional landscaping" required on the slopes has not been totally defined but believes he can work that out with the Planning Department. Mr. Roger Belanich, 1415 - 7th Avenue West, Seattle, owner of the retail service center east of the site, adjacent to 104th and James Street. Along the common property line of his and Fred Meyer are some poplar trees 60-70' high. He wants' to know how Fred Meyer intends to stabilize those trees; he believes the root system has been damaged by grading done previously on the site "and the trees now present a hazard to his property. Mr. Harris stated that this issue is not really part 2' C liU� KENT BOARD OF ADJUSTMEIAT MINUTES March 7, 1988 of the hearing this evening, but suggested that Mr. Belanich, representatives of Fred Meyer and staff could meet after this meeting to resolve that issue. Mr. Belanich wants to make gtrq ,he is protected in this regard. Ms. Faust believes the point d#�,�by Mr. Belanich relates to the third criterion ,for the granting of,,j4i;' variance, i.e., granting the variance would not be materially detrime�jal to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. Mr. Tyler indicated no grading would be done in the area by the poplar trees. Upon further questioning by Ms. Faust and Mr. 4,arvis, Mr. Tyler indicated that the area in which the trees are located is not an area for which the variance is being requested; he do ' 'not believe the grading being proposed is going to destabilize those raes. Mr. William E. Ruth, 12410 SE 248th, Kent, represented the Zelda Ruth Trust, owner of the property adjoining the Fred Meyer, property to the south. He does not want to have the proposed Fred Meyer site look like the Benson Hill/Petrovisky store; those slopes are not aesthetically pleasing. Referring to the view foil, Mr. Tyler stir$ that per the Planning Department's requirement, there will be a ,61:, high fence on the red portion of the south side of the site and the property slopes down toward the Fred Meyer site at that location; vie�al' impact would be blocked by both items. As far as he knows, the store ,'td the north has a different retaining material' for much steeper sl6posf the proposed store would not be done in the same manner. On the blue portion of the south side, the slope would be toward the Ruth site and there would be about a 6'-8 ' rockery wall and a lot of landscaping in that area for about 80-1001 . Mr. Flue MOVED and Ms. Faust SECONDED the motion try close the public, hearing. Motion carried. The Board recessed to ercive session. Mr. Jarvis called the meeting back to order. Ms. Fa4iat 'MOVED to grant the Fred Meyer variance with the conditions that , '.1.;) mulch used in covering the embankment be as agreed upon by the Casty and Fred Meyer on page 8 of the staff report, 2) that additional land',4 ing be proposed, again as on page 8, to help improve soil stabili�aat on, 3) that any soil erosion, slippage or landslide occurring in thi future will be remedied immediately also in accordance with the stAt ecommendation, and 4) that any detrimental effects related to ad jooq'otl Jandowners be worked out among the developer, the City and, ,th neighbors in accordance with the East Hill Plan overall goal whih ; is to promote orderly development patterns which recognize and r �tdito the natural environment and the functioning of natural systp . , Mr. Jarvis SECONDED the motion. Motion carried. ONE SIXTY SEVEN BUILDING Mr. Harris read a I tter in which VARIANCE #V-88-2 the applicant wi�rew the request 3 RENT BOARD OF ADJUSTMENT MINUTES March 7, 1988 for variance. EMERALD CITY CHEMICAL ,assistant City Attorney Bill APPEAL OF ADMINISTRATIVE Ailliamson stated that since the INTERPRETATION #AD-8$-1 appellant has the burden of proof, it is proper that the Board receive the appellant's testimony prior to that of staff. Gary Volchok, COLDWELL BANKER, CoMercial Real Estate Services, 1600 Park Place Building, Seattle, Was ington 98101, stated that because the company name has the word "chemical" in it rather than "pharmaceutical," it is necessary to be presenting this case before the Board to appeal the Planning Director's determination that a Conditional Use Permit is required for the operation of the business. Mr. Volchok stated the company's ,operation is the same as that of a pharmaceutical company which is permitted outright in the area. The subject property is in an M-3, ;General Industrial, zoning district and is located between the railroad tracks north of S. 228th on 76th Avenue South. Mr. Volchok described surrounding land uses. He stated further that there was an error in the staff report; the building is under 20,000 square feet (not 30,000-40,000 square feet) on a 270,000 square foot site. The entire „wilding will be built to an H2 occupancy. Regarding the Planning Department- comments in the staff report, under #1, zoning code requirement for a Conditional Use Permit, Emerald City Chemical will not be storing any of the items listed under b, c, and d. Further, "a. " does not apply bemuse the operation is not a bulk storage facility/operation. A lot of product has been repackaged into smaller sizes from 55 gallon drums; 25 gallon containers are the largest sizes in the building. Applicant is extremely knowledgeable of codes that regulate the proposed operation and is concerned with safety. Applicant disagrees that "it is important to have a detailed analysis of the operation by all �'departments through the Conditional Use Permit review. Setbacks, lot` coverage, landscaping, ingress and egress, type of plants on the pperty, etc. should be considered; however, regulations governing the property will be for the most part from Fire, Building and Engineering. Assistant Fire Marshall Evans has stated that the City of Kent has in existence every ordinance or control that would apply to the proposed use. Also, Title 80, which has not as yet been fully adopted," Will detail additional ways in which people are to store and handle th4i' type of product that is being put into this building. Mr. Volchok described the safety features of the building and stated the banks, themselves, require an environmental review of a project prior to lo*Ing money. Mr. Volchok stated the applicant is in compliance with all eight criteria reviewed by the 4 KENT BOARD OF ADJUSTMENT MINUTES March 7, 1988 Hearing Examiner for a Conditional Use Permit; he reviewed those criteria. He added that the additional time required, for a Conditional Use Permit is not warranted; the same plans that ,,*t*q., 3pequired for a Conditional Use Permit can be turned into the City:jeiA4 approved in the pre-development meeting and normal plan review process,#,,, , Glen Dodge, 18808 Wallingford North, Seattle, WA , %61,31j. President of Emerald City Chemical. The company has been in buss-r s 'for four years and is looking to grow. Mr. Dodge distributed , os of the site, roads, ingress/egress, railroad, catalogs and ca , og sheet showing different types of chemicals that the company pap*ages, photos of Fiberchem facility, excerpt from Conditional Use Pe�t for Fiberchem, in which the Fire Department indicates there is no Abjection to the facility as long as codes and requirements of the Cj y and the National Fire Prevention Association are met and which­j0dicates that a Declaration of Non-significance was issued for the Fjkrohem operation, pages from THE UNITED STATES PHARMACOPEIA, and pictures of the types of drums used in the Emerald City Chemical operation, , r. Dodge stated the main issue is bulk versus non-bulk storage. lc City Chemical is in the business of repackaging chemicals into sm,ller containers. Products are purchased in 55 gallon drums, w:hi(*,, is the largest container they have. Pharmatutical/soap manufec ors are allowed outright in the zone in which Mr. Dodge propo4e# to locate his business. The name "pharmaceutical company" can, represent a bulk facility as well. Mr. Dodge described ingredients.,.;," several well- known products and indicated his company packages ai-silar products. THE UNITED STATES PHARMACOPEIA lists items as "p4aaceuticals" such things as caustics, sodium hydroxide, nitratet,, ,, sodium nitrite, alcohols; these items are packaged and manufactu .rt y pharmaceutical companies. Emerald City Chemical is concerned wit4�_, aid containment; they have been working with the new Article 80 , regulating the handling of hazardous materials, since March, 1$)$7,.,�,.the containment systems, segregated rooms and cxhemicals, bermed wa4 #a,, Lire walls, and setbacks. Mr. Dodge has been in the business 44*1'a3-� years, has a competent staff for handling chemicals and has been,; ended on their D.O.T. performance, shipping regulations, etc. Hq,,j ed at four areas in South Snohomish County and North King County in,.�c4 to locate the business but was concerned about their being next ,Ji areas; Snohomish County officials felt an appropriat ijizOne was light industrial and business park. Emerald City Chemic :,; dyes not believe funds spent in the Conditional Use Permit process ,vn4 d', be well spent; he strives to do his best to conform to the needs of the communities in the area in which he looks to build; delays caused 1py „CLAP process would be a hardship on the company. Mr. Dodge describe4, t4,+e present location of the company and the reasons for seeking another ,lation. Mr. Dodge stated the type of work the company does is dire Xy ; related to M-3 zoning, soap and pharmaceuticals. Facilities w�44 far surpass any current facilities. 5 N KENT BOARD OF ADJUSTMENT MINUTES March 7, 1988 In response to Ms. Faust Ia question on storage, Mr. Dodge stated that per current fire regulations, fmable drums will be in contained rooms of 3,000 sq. ft. with the highest class rated automatic sprinkler system in the code books, with 4- OUr walls that are the highest wall structure in the area, and with 3-hour curtain doors, the rated curtain doors for 4-hour walls. The sprinkler system has automatic call-out. Oxidizers and corrosives are in similar areas by codes, with material separations to prevent interactions and separation by hazard classifications. Poisons are in 4A individual room, small, same fire rating, separate, segregated doors. , Another small section, "Dangerous when wet" materials, containers of flammable solid metal powders have their own small room with high rating and halon system. The entire building is in H2 rating even thou4h some parts of the building could be B2 standard occupancy rating; building will be a high standard of the industry for a long time to co*9. Kathy McClung, Kent Planning DepArtment, explained the background of the request and the Conditional Uge Permit process. Staff believes a public hearing is necessary in oiler to have all information brought into the open, from city departments, applicant, and the public. Ms. McClung distributed copies of principally and conditionally permitted uses in the M3 zoning district. Applicant initially presented the company as a chemical company; staff considers what a company does, not what it is namgd, when they determine applicable regulations. Chemical processing, handling, and packagi � are not listed as permitted uses. Staff looked at the use the company' was proposing and determined it was illustrative of the heavier uses `listed under Conditional Uses. Ms. McClung named other companies in the area who were required to comply with the Conditional Use permit ,' process; this determination was consistent with other determina.. bns made for uses in the area. Assistant Chief Berg of the Fire Doartment agreed that the public had been cut out of the equation unlbos the applicant goes through the Conditional Use Permit process. 194' McClung stated that on the first page of his letter, the applicnt refers to providing specialty manufacturing service, making materials from liquid rust among other things. Staff has information ''',that liquid rust is a synthetic compound, which is listed under ' :-Conditional Uses. Ms. McClung indicated that if the applicant, ,bAd applied for a Conditional Use Permit when he first approached the,` city with this project, the public hearing would most likely have betel this month. In response to Ms. Faust, Ms. McClung stated that an applicant is told a Conditional Use permit applications is required either ' at the time of a phone inquiry, or through a business license application if the applicant has not previously contacted the City. Emerald City Chemical contacted the Planning Department before applying for a business license. 4 +j KENT BOARD OF ADJUSTMENT` MINUTES , March 7, 1988 Bill H. Williamson, Attorney for the City of ko- responded to Chairman Jarvis' question of whether it is the P`ijri ` Department who covers the issues raised by this company's operati6n ', azld if the real issue is whether to hold a public hearing; Mr. Will$"on stated that the Fire Department's role in regulating the compa s nothing to do with the appeal of the Planning Director's dolt ration that a Conditional Use Permit is required for the operatiozi of the business. The appeal is intended to state why the K iIng Director's interpretation is not correct. Mr. Williamson expl,irned that the Law Department is representing the staff and not the BGs ' oi' Adjustment at this hearing. Mr. Williamson read from the State Planning Rulinq,'J�pti regarding the granting of conditional uses. ' The procedure ' 'ble adopted by the City of Kent, and the Planning Director used the et, ' "Zoning Code (in this case Chapter 15.04.190(C) ) to determine that 'm, Conditional Use Permit is required. The appellshnt then has the burdan: ot proof to show there has been an mistake of law committed or, mat' the Planning Director's action is arbitrary 'and capricious. Mr."'''Williamson asked that the Board of Adjustment make findings of fact d (conclusions of law since this is a quasi judicial proceeding. Mr. Williamson read from Dick' Suttle, a Law Pr©f spr at UPS Law School, regarding the purpose of conditional uses. ! . a law industry and the state give the cities the core authority to, re Conditional Use Permits. Mr. Williamson stated that the issue before the' Soard is narrowly scoped, i.e. , the nature of the Director's decision, the appeal of the Planning Director's determination that a ConditiO al iUse Permit is required for this project. Tho ,other procedures requ ' eta in the normal permit process, or whether duplication of inforri&'� , n , will .occur in other steps of the process, do not apply to the issi*, efore the Board. Using the information supplied ' initially by the app . . 'nit, staff made a determination to require a Conditional Use Permit; Williamson read from Chapter 15.04.190(C) and indicated that the',l sra osed use falls into the category of conditional uses via a vex`, F . ral classifier indicating the list is not ' ail-inclusive. tt �,,'4pplicant's own documents, the proposed use fits into subparagra' ' 21 3, possibly 4, and possibly 8 which deals with bulk storage. Regarding subparagraph 1, applicant's January 22, 1948 Metter, page 1, states the company supplies "a complete line of , ,chemicals. . . " and provides a "specialty manufacturing service . . . '! making materials ranging from liquid rust, to such high quality lal solutions as cupriethylene diamine for wood pulp testing. " The 4ttional materials provided by the applicant at this meeting describe , he wide range of .k Y�� 7 r RENT BOARD OF ADJUSTMENT MINUTES March 7, 1988 products provided to the public. On page 2 of that letter, regarding the amount of storage being underken, applicant states "I agree it sounds large as written but if you think of it as one truck load in size (ie 8 foot by 40 foot traitlrer) I believe it leaves a cleaner picture as to relative size in tokas , we recognize and see every day." Applicant mentioned 55 gallon drums. Mr. Williamson reiterated Ms. McClung's statement that liquid rust is classified as a synthetic material-'. (reference subparagraph 2 of Chapter 15.04.190(C) regarding synthetic. materials) . Under the list of Conditional Uses in the zoning '' code is the term "manufacturer." Emerald City Chemical in addition to repackaging products, does manufacture some products and blonds some products. Page 4 of the January 22 letter refers to "miffing and handling of - quantities of flammable liquids;" the applicable regulation is subparagraph 3 of Chapter 15.04.190(C) of the Kent dity Code which relates to "Refining of materials such as petroleum a petroleum products. . . " One can question whether paint has some „ petroleum derivatives or organic compounds falling within this classifier. The manufacturing process is subject to closer scrutiny by t#e City than the non-manufacturing process. Regarding subparagraph 8 on bulk swage, Emerald City Chemical stores products in 55 gallon drums; a 55 j4llon drum is covered under the Bulk Sales Act in quantity if it is intnded for wholesale use. The term is not defined by the Kent Zoning Code but it provides in the term itself its definition. Also, subparagraph 8 refers to "similar products." The list is not intended to be ,exclusive. Even if applicant's operation couI .d not be classified directly into subparagraphs 1, 2, 3, 4 and 8,.,. Mr. Williamson stated the liberal classifier in the zoning code, wch states the list of conditional uses are illustrative and, riot exclidive, would encompass the operation. The City asks that 1) the Board ma findings of fact that applicant's activities constitute a use subjeidt to KCC 15.04.190(C) and that the use would occur in the M-3 z64,ing district, 2) the Board make conclusions of law that KCC 15.04.190(C) establishes adequate substantive and procedural standards and criteria for the proposed use in question under state law and maw conclusions of law that such use is not a permitted use under KC 15.04.190(A) as appellants have argued, 3) the appellant must apply for a Conditional Use Permit pursuant to KCC 15.04.190(C) , 4) the, City directly apply the standards of KCC 15.04.190 and 5) the appellant's appeal of the interpretation given by the Planning Director be died. In response to Ms. Faust, Mr. ' Williamson stated that after rereading KCC 15.04. 190(C) (2) , it relates td, rubber from synthetic material and not other synthetic materials. In response to Ms. Faust, Mr. c"t;T, KENT BOARD OF ADJUSTMENJr MINUTES March 7, 1988 Williamson related applicant's statement on "mixi and handling of Pp g quantities of flammable liquids" to paint which .00 4ins petroleum products regulated by KCC 15.04.190(C) (3) "refini�'; ', materials such as petroleum and petroleum products. . ." Ms. Faust ' t�ioned equating the words "refining" and "blending" and asked , ' Nor. Williamson provide to the Board the sources for that analOg"y4 ,z' ]rr. Williamson added that perhaps the information provided to the, d at tonight's meeting fits the proposed use under KCC 15.04.190tq) '(4) relating to "distilling;" he stated the Planning Department made 'ei,docision without the advantage of some of the material submitted '�ek ',this meeting. Again, the liberal classifier could encompass otheris.' Furthermore, using the applicant's arguments, neither are the ''us0sithe applicant supplied to the City directly permitted under thj ' code. It is inconceivable to the City that the nature of actiy. #y; involved with such a quantity 'of chemicals and diverse activf :i's would not be subject to a Conditional Use requirement. { ' Ms. Faust questioned the statement that the appellant has the burden of proof. Mr. Williamson stated that requirement is not 'in the Kent City Code (KCC) nor in the Revised Codes of Washingto i�,f',; ,ACST) , but it is provided in case law of the State of Washington. 14nt carries the burden to come forward; it is a civil burden, I � ' proof beyond a reasonable doubt; they have to show by a preponderance-bofore the Board that the Planning Director's actions were a mistake, *1 'law, that they were arbitrary and capricious, i.e. , the PARKRIDGE, Vol, CITY OF SEATTLE standard in reviewing a quasi judicial activity tbl '" iadministrative body. Mr. Williamson will provide to the Board the Q " for that case. Mr. Dodge responded to the applicability of KCC 15:' ' 100(C) (1) to the applicant's operations. This item relates to "basiu" 1terials, i.e. , types of things dug out of the ground, "first ome" chemicals. Applicant does not make "basic"' items. In responio' to 'Ms. Faust, Mr. Dodge stated he gets his definition of the terz'; Nk" asic" from his background and affirmed for Ms. Faust that the defilb, ;tion given would be a common understanding of the term. Relating tq ' ubparagraph (2) , applicant states in the January 5th letter that th'e company does not deal with explosives. Regarding distilling and retixl ncj of materials; refining refers to cleaning of an item in bulk pr# ess ,and stated the company does not distill products. Mr. Dodge s all materials provided in the folder, except ' pictures, were prip ;ly provided to the City. Discussion occurred on "bulk" storage. ,`; bodge responded to Ms. Faust that in the industry, a 55 gallon 01 ''of any of the company's products would not belconsidered bulk; ther,sinxallest container classified as "bulk" is a 375 gallon container':. nd a 55 gallon container would be labeled "drum. " Article 80 descrj*6 a container as a unit 60 gallons or less. Mr. Dodge quoted frog;,� �5.04.190(A) (6) and related his operations to those permitted uses. "Isopropyl alcohol is listed as pharmaceutical in the USP. Mr. Dodge ered a company 9 KENT BOARD OF ADJUSTMENT MINUTES March 7, 1988 contract for ferric hydroxide (�i.quid rust) that was lost to a pharmaceutical company in Louisiana, indicating that this product is also a pharmaceutical one. Ulating to mixing of paint, KCC 15.04.190(A) (19) Principally Permitted Uses refers to "Manufacturing of paint." As explained in applicant's letters of January 5 and January 22, although the applicant might piwchase products in larger quantities for competitive pricing, there would be immediate shipment to distributors and the average storage quantities would be much less. Hazardous chemicals represent aboi4t 30-40% of the stocking material, one-third of the building site aintained for storage of material. Similar businesses have been all to locate in the area; they were not determined to be of major s gnificance for fire-related issues, etc. . The review of the eight criteria for granting a Conditional Use Permit has taken place for those, similar uses; the City knows what is going on in that area. in responses to Ms. Faust, Mr. Dodge stated that liquid rust falls under KCC 15.04.100(A) (6) Principally Permitted Uses, manufacture of pharmaceuticals and stated he does not know what liquid rust is used for in the pharmacutical line. Further, Mr. Dodge responded that cupriethylene dia .ne would probably fall under KCC 15.04.190(A) (2) Principally Permitted Uses, scientific research and testing; it is a testing reagent. Mr. Gary Volchok spoke about the companies mentioned by staff as having gone through the Conditional Use Psi�nit process. In meetings held with the Planning Director, Fire Mars4iLll, Engineering and the Mayor, it appeared that the only one requesting a hearing is the Planning Director; Mr. Volchok believes that request is arbitrary and capricious and relates to the past history ofrhaaardous chemical cleanups in which the City has had to become involved. Mr. Volchok believes the operations of Emerald , City Chemical fall under the Principally Permitted Uses of the ant honing ,,6de, Chapter 15.04.190(A) (6) (a) and (b) . In response to Ms. Faust, Mi., Volchok replied that the company's operations fit under subparagraph,,, (b) because of the cleaning and cleansing preparations. V Mr. Williamson reiterated the voo of the words "such as" under Conditional Uses. Regarding the arm "basic", the zoning -code refers fi�g4 to "basic" materials ,r products; h6 would like to know what a product is that is basic as described in zoning zoning code. The City believes the language is broad enough to roquire a Conditional Use Permit. Mr. Williamson will provide research on the term "bulk storage" and how that term has been used by Washirqton State agencies for purposes of regulating industrial activities. Mr. Dodge reiterated that Article 80 states "containers". are 60 gallons or less. Article 80 was producuid by the Fire Chiefs and will be adopted in May into the' Uniform Fire Code for the nation. Mr. Dodge affirmed that this was not yet paait of the Kent City Code; however, 10 RENT BOARD OF ADJUSTMENT MINUTES ' ; March 7, 1988 �, Lieutenant Evans of the Fire Department believes it , will be adopted shortly and would be happy to have applicant use it ,!a guideline. Mr. Flue MOVED and Mr. Jarvis SECONDED the motion to ;close the public hearing. Motion carried. Chairman Jarvis stated this issue will be taken into Executive Session and under advisemept«' The Board of Adjustment will respond after they receive additio;z*l information by Wednesday, March 9th. It is hoped the decision wouldibe� made in about one week. Mr. Williamson's office is to provide citations and RCW information on the "arbitrary and capricious" shard and on the definition of "bulk." Mr. Harris stated the Board �ipay issue written Findings. ADJOURNMENT The meeting was a0©urned at 10:20 PM. Respectfully submitted, awes Harrii, Aso6retary 11