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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/01/1993 KENT BOARD OF ADJUSTMENT MINUTES November 1, 1993 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Jack Cosby on the evening of Monday, November 1, 1993, at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Berne Biteman, Vice Chair Ron Banister Walter Flue Doug Gesler CITY STAFF MEMBERS: Fred Satterstrom, Planning Manager Sharon Clamp, Recording Secretary APPROVAL OF THE BOARD OF ADJUSTMENT MINUTES Mr. Biteman MOVED and Mr. Flue SECONDED a motion to approve the minutes of the May 3, 1993 meeting as written. Motion carried. CERTIFICATE OF APPOINTMENT Chair Cosby presented the Certificate of Appointment to Mr. Gesler. Chair Cosby administered the oath to all who intended to speak. MATLACK INC. #V-93-2 Fred Satterstrom presented the request for a variance from Section 15.08. 050(9) (b3 and b4) of the Kent Zoning Code pertaining to setbacks of hazardous substance land uses from property lines and public recreation facilities. The subject property is located at 19929 77th Avenue South and is approximately 5.4 acres in size. The site is zoned M3 , General Industrial. Fred Satterstrom reviewed the three criteria required in order to grant a variance and presented the following comments: 1. Staff does not feel the granting of this variance would constitute a special privilege to this site. Other hazardous waste and substance land uses are located in the general vicinity of the subject site. These existing facilities do not maintain the 50-foot setback from property line nor the 1/4 mile setback from the Interurban Trail. 2. The entire site of the Matlack facility is located within 1/4 mile of the Interurban Trail, therefore, a special circumstance does exist with respect to this setbackns requirement. The proposed location of the ttafer operation on the eastern portion of the site is preferable to other ti Kent Board of Adjustment Minutes November 1, 1993 Page 2 locations in light of its relative distance from the Interurban Trail. The 26 foot setback distance from the south property line is dictated by the radius requirements for the rail spur. 3 . The granting of this variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. The project has gone through an environmental review and in conjunction with the design and construction of the spur line, drainage facilities have been improved on the site to' include specific spill prevention plans. In addition, the proposed rail/truck transfer facility is located as far east on the site as possible reducing any potential adverse impact to the Interurban Trail. Staff feels that all criteria has been substantially met by the proposed application and recommends approval without conditions. Will Wolfert, Director of Planning Services for Barghausen Consulting Engineers, 18215 72nd Avenue South, representing the applicant, Matlack Inc. , noted a correction to the staff report on page one under Proposed Findings, last sentence under number 1, "Matlack Inc. currently handles hazardous substances in a rail/truck transfer mode. " Mr. Wolfert explained that the rail is in place and substances are being handled, however, Matlack Inc. is currently limiting operations at this time to nonhazardous substances. Mr. Wolfert also noted that the Matlack Inc. is the original tenant on the site developed in 1981 and the original and current use of the development is maintenance of Matlack's truck fleet and storage of trucks and tankers. Mr. Wolfert offered the following responses to the three criteria required in order to grant a variance: 1. The existing transfer terminal will use a rail spur which has been in operation since 1981 and has never experienced a spill. The rail spur has been designed by the Union Pacific Railroad Company and meets specific design criteria that are established by Union Pacific's director for design. The design of the rail spur uses the minimum allowed criteria for curve radius by Union Pacific for tracks serving an existing facility. At its closest point, the rail spur is set back 26 feet from the south property line, and this distance is the optimum attainable setback and the only feasible position for the tracks given the existing facility. 2 . The spur radius meets the requirements as specified by the Union Pacific Railroad Company and because of those requirements, the 50 foot setback from the south property line as specified in the Kent Zoning Code cannot be achieved while maintaining safe operating conditions for rail cars entering and exiting the facility. Kent Board of Adjustment Minutes November 1, 1993 Page 3 The railroad right-of-way is 100 feet and there is a 50 foot buffer between the rail right-of-way and the Matlack facility. Subsequently, there is an adequate existing transitional buffer between the Interurban Trail and Matlack's current operation. 3. The spur line is located on the site of the existing facility and the construction did not cause any harm to existing on- site improvements in the area. The spur line ties into the existing Union Pacific Railroad right-of-way, and through the design by the Union Pacific Railroad all safety conditions have been addressed. Vince Helt, 26816 218th Avenue Southeast, Maple Valley, Terminal Manager for Matlack, Inc. stated that Matlack is a common carrier and a liquid bulk carrier for the chemical industry. Mr. Helt stated for Chair Cosby examples of the types of materials they will be handling if all the necessary approvals are obtained are sodium hydroxide, hydrogen peroxide, glues, resins, and other materials classified as flammables and combustibles. Mr. Satterstrom clarified for Chair Cosby that it is the role of the Hearing Examiner to determine whether or not the handling of over 20, 000 pounds of hazardous materials on the Matlack site can be accommodated within the laws and statutes of the City. Mr. Helt clarified for Mr. Gesler that Matlack is currently offloading materials. If approvals are obtained from the City, they will be loading and offloading materials. Mr. Biteman MOVED and Mr. Gesler SECONDED a motion to approve the variance based on the explanation of the three criteria as set out in the staff report. The meeting was adjourned at 7:35 p.m. Respectfully submitted, 4mes:!=P.' Harris, Secretary