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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 04/01/1991 KENT BOARD OF ADJUSTMENT MINUTES April 1, 1991 The scheduled meeting of the Kent Board of Adjustment was called to order by Acting Chair Jack Cosby on the evening of Monday, April 1, 1991 at 7:00 p.m. in the Kent City Hall, City Coundil Chambers. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Acting Chair Ron Banister Raul Ramos Walter Flue, excused CITY STAFF MEMBERS: Fred Satterstrom, Planning Manager Alice Shobe, Planner Lois Ricketts, Recording Secretary Gary Gill, City Engineer APPROVAL OF THE DECEMBER 3 . 1990 BOARD OF ADJUgn= MINUTES n Mr. Banister MOVED that the minutes of the December 3, 1990 meeting be approved as printed. Mr. Ramos SECONDED the mtbtion. Motion carried. Acting Chair Cosby administered the oath to all''who intended to speak. MCDONALD INDUSTRIES #V-91-1 Alice Shobe presented the applicant's request for a variance from Section 15.05. 090 (C) of the Kent Zoning Code which requires that all vehicle maneuvering areas are paved with asphalt or equivalent material approved by the City Engineer. The property is located at 22431 83rd Avenue So,#h. ' ' The subject property is approximately 70,000 square feet (1':'4 ages) and is zoned M3, General Industrial. The Comprehensive--Plan designates this area as I, Industrial. The purpose of Segtiofi iS.05.090 (C) is to ensure that the water and air quality aro,;,triotected. In cases where vehicles are driven on unpaved surfacee�y gasoline, oil and other pollutants may drain into the groundwater system or nearby bodies of water. The tracking of mud from'unpaved surfaces to paved surfaces allows contaminates to enter the storm water system which is built into the street system or other paved areas. Also, dust on dry4days affects air quality. Kent Board of Adjustment Minutes April 1, 1991 Ms. Shobe pointed out two amendments that had been made to the staff report. At the top of page 5 "Specifically, the following three layers . . . 5/8 inch minus crushed rock top. " be deleted and specific details be discussed at a later time. The second amendment to the staff report, reworded in a memo dated March 27, 1991, replaces City staff recommendation condition number 1 with the following condition: 111. The unpaved portion of the site must have a crushed rock surface with an engineered base section structurally designed to support the vehicle and equipment loads proposed for the area. A geotechnical report shall be prepared by a professional engineer which establishes the structural section necessary to support the use by heavy construction equipment and vehicles. The report shall also make recommendations for controlling surface water runoff from the site. The Public Works Department shall review and approve all recommended site improvements. " The following criteria from Section 15.09. 040 (C) must be considered before granting a variance: 1. The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity .4nd zone in which the property, on behalf of which the application was filed, is located. Staff felt that if the conditions recommended by staff are met, the variance would not be a grant of special privilege because the intent of the code regarding air and water quality would have been addressed. 2 . Such a variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. Staff noted that the site was previously occupied by a different tenant; therefore, the site was not completely designed for the applicant. The storage area was not designed for vehicles such as those stored by McDonalds; however, these vehicles are permitted in the M3 zone. The applicant has stated that the type of equipment they utilize is the size, bulk and scale that would break up concrete quickly as a result of continual maneuvering on it. Staff felt this is a special circumstance which requires our consideration. 4 2 M Kent Board of Adjustment Minutes April 1, 1991 3 . That the granting of such variance will -not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. Staff felt that if the proposed site improvements were made, this would benefit public welfare by reducing air and water pollution. Staff recommends approval of this variance with specific conditions: 1. The unpaved portion of the site must have a crushed rock surface with an engineered base section structtr;ally designed to support the vehicle and equipment loads proposed for the area. A geotechnical report shall be iprepared by a professional engineer which establishes the structural section necessary to support the use by heavy construction equipment and vehicles. The report shall also make recepdations for controlling surface water runoff from the site. The Public Works Department shall review and approve all recommended site improvements. 2 . The proposed gravel storage area shall not be, titled for vehicle maintenance. 3 . The gravel storage area shall be improved to provide storm drainage facilities and controls which are approved by the City Engineer. 4. The truck washing and fuel island areas, which' are, adjacent to the crushed rock storage area, must be pavedrin 'a manner to drain all wash water or fuel and oil into collection drains which are connected to a METRO approved oil/water separator tied to the sanitary sewer system. These areas must also be covered to prevent rainfall from discharging into the sanitary sewer system. Mr. Cosby asked why the normal procedure would trot rk properly. Ms. Shobe explained that McDonald Industries built Akh addition to their building prior to applying for a building permit. This unauthorized addition prompted a site visit. She noticed the water quality and paving violations at that time. The co" requires that all vehicle maneuvering areas be paved. She showed a video of the types of vehicles which are used on the site. 3 Kent Board of Adjustment Minutes April 1, 1991 Tim Geehan, Branch Manager of McDonald Industries, Inc. in Kent, stated that the applicant purchased the site from Evans Machinery in 1985. The site was constructed in 1975 or 1976. He stated that Richard Chase, Water Quality Engineer, had visited the site and had suggested drainage improvements and changes to the washrack facility. Since this visit, the applicant has changed the way pieces of equipment are moved on the site. McDonald Industries is in the heavy construction equipment retail sales, service and rental business. Two thirds of the site is covered with cement. The storage area where they load and unload equipment is covered with dirt. When lowboys pull into the yard after completing jobs, it was feared that dirt would be tracked onto the pavement. If it were raining or would rain within a few days, the mud and water would run into the storm drainage system and unnecessarily contaminate it. The applicant has complied with the City's recommendation and invested in a sweeper that removes dirt from the pavement. They now sweep the area and the facility at least twice a week. This helps to keep the concrete clean and the site more attractive. The applicant has installed barriers in the dirt area to limit movement between the, , dirt and concrete areas. The applicant has leveled the area below the concrete so that if there were any runoff, it could not come onto the concrete and then into the storm drainage system. The applicant has made a number of changes at the suggestion of the Water Quality Engineer. When they purchased the site, they made certain that their wash-down system met the requirements of the law. They obtained approval from METRO for their oil and water separator design. METRO does not want rainwater to flow down the sanitary sewer system. The area now holds one piece of equipment at a time. Kent's Water Quality Engineer identified a runoff problem that has been solved by the applicant's improvements and sweeper. They have made the wash-down area smaller and the length of the hose shorter. Instead of two or three vehicles, they wash only one vehicle at a time now. The water cannot flow out of the designated area. He added that their machinery moves only two or three miles per hour. The machinery is not repaired in the storage area. He admitted that the applicant has made errors in the way the machinery has been handled, but they have made several changes and now meet the requirements of the City. Mr. Cosby asked why the building was constructed without a building permit. Mr. Geehan responded that he was not present at that time of the addition. Since that time McDonald Industries has been purchased by the Matthew G. Norton Company, and the operation has totally changed. 1 4 k Kent Board of Adjustment Minutes April 1, 1991 Mr. Ramos asked if Mr. Severns was the current president. Mr. Geehan responded that he had been replaced by Midha61 ' O'Byrne. Mr: Ramos asked if the applicant could met the conditions expressed in the staff report. Mr. Geehan responded that ,they have already hauled in a large amount of crushed rock. They could meet the Planning Department requirements, but he did ha've' zoncern about covering of the washrack area. Mr. Ramos asked why a soils- report was required: ae part of the amended condition. Mr. Gill, City Engineer, responded that it was ne*ded in order to provide an engineering solution to the situation. On other sites some areas used by heavy equipment have been paved over crushed rock. When the road was widened at a later time# native soils had pumped up through the crushed rock making the rock -*Irocognizable. He felt this might happen after prolonged equipment loading on crushed gravel. One possible solution might befato put down a geotec-style fabric before the gravel is put in place. He felt the gravel may hold up well in areas which mainly store' equipment and did not have lowboys rolling through the ares.­" „ He felt that McDonald Industries would like to have a long-term. solution, so he was willing to look at different solutions which, Voulld keep the site as clean as possible. ' He had no objection 'tom 'the wash-area condition provided it would fall under the current guidelines of METRO. He felt they could minimize the area used-for washing so that it would not need to be covered. Mr. Ramos asked what was planned for storm drainage �fa.cilities and control. Mr. Gill responded that the City wished to make sure that the water would not flow to adjacent properties and to take certain measures that would prevent the water from entering into the storm drainage system. If this could be controlled by grading ant. •managing the way the surface runoff is handled or by filtering water before it would get to the pavement or concrete surface, then'the applicant wouldn't have to put in a massive drainage gyat" , with catch basins. Mr. Ramos asked if there were any creeks or open, ditches in the area other than pipe ditches. Mr. Gill responded that the catch basins in the rear yard flow to 228th, and those drains run directly south and tie` Into Mill Creek. Mill Creek is at the southern end of the Fisher IndWitrial Park on the north side of 228th and it meanders along the west side of 0 5 4 Kent Board of Adjustment Minutes April 1, 1991 Fisher paralleling the railroad tracks and cuts westerly under the railroad tracks to the rear of -these sites. Mr. Ramos asked how he would characterize the quality of water and the fish habitat potential. Mr. Gill responded that the City is trying to look at each site to see if each property owner is doing his part in keeping the storm water clean. This will aid in cleaning up Mill Creek and help to meet federal and DOE for water quality regulations. Mr. Ramos stated that he felt there were some ramifications that may justify the conditions that had been stated in the staff report. Mr. Banister added that he felt Mr. Geehan had already taken some measures to correct this problem, Mr. Geehan explained that storwwater and runoff from the graveled area does not go into the drain, because the drain is buried in the concrete and the site is sloped toward the graveled area. Currently there is only one piece of equipment at a time at the washrack, and this equipment is situated in the center of the drain area. The applicant has changed the procedure for unloading equipment and has purchased a sweeper which is used several times each week to clean the area. There is now a concrete lip which keeps the water from running from the graveled area into the drain. Mr. Cosby asked if staff agreed that the concrete would not withstand use by the heavy equipment. Mr. Satterstrom commented that the amended condition requires that engineering studies to be done to ascertain the correct surface for this site. Mr. Gill responded that most of the equipment that is being used is track equipment, bulldozers and heavy backhoes which tear up paved surfaces, asphalt in particular. If they paved the area with concrete, it may last a little longer. If the area were used only for equipment storage, leaving it unpaved and allowing the storm water to perk into the ground may be environmentally beneficial. Mr. Cosby expressed concern that there would not be a drainage problem in six months or years down the road. Mr. Gill responded that it is , the responsibility of the Water Quality Section of the Engineering Department to make routine inspections. 4 6 Kent Board of Adjustment Minutes April 1, 1991 Mr. Banister MOVED to close the public hearing. Mr. Ramos SECONDED the motion. Motion carried. The Board members, adjourned to executive session. After reconvening Chair Cosby stated that the Board did not feel that this request would constitute a grant of special privilege, that it was necessary because of the special circumstances relating to the site, and that it would not be detrimental to the public welfare. Mr. Ramos MOVED that the variance be approved with the amended conditions recommended by Planning staff. Mr. Banister SECONDED the motion. Motion carried unanimously. ELECTION OF OFFICERS Mr. Ramos MOVED that Jack Cosby serve as chairman for 1991. Mr. Banister SECONDED the motion. Motion carried. Mr. Banister MOVED that Walter Flue serve as vice Chairman for 1991. Mr. Ramos SECONDED the motion. Motion carried. ADJOURNMENT Acting Chair Cosby adjourned the meeting at 8:15 p.m. Respectfully submitted, 4Jame Ha r. t Secretary 0 7