HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 07/11/1994Request regarding determination of (1) lot ownership and legal
nonconforming status; (2) amount of fill and requirement for review
under State Environmental Policy Act; (3) integrated site development
and requirement for review under State Environmental Policy Act; (4)
Multifamily Design Review requirement for five multifamily
residential lots.
CHEVRON USA -- #V-94-4 (MJ)
Request for variance from Section 15.07.060(L)2 requiring a planting
strip not less than five (5) feet in depth along all property
abutting public rights of way.
Any person requiring a disability accommodation should contact the City in advance
for more information. For TDD relay service, call 1-800-635-9993 or the City of
• Kent at (206) 813-2068.
CITY
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BOARD OF ADJUSTMENT
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July 11, 1994
BOARD OF ADJUSTMENT MEMBERS:
Jack Cosby, Chair
Ron Banister
Walter Flue
Doug Gesler
CITY STAFF MEMBER:
James P. Harris, Planning Director
This is to inform you that the scheduled meeting
of the Kent Board of
Adjustment will take place on Monday, July 11, 1994
at 7 p.m. in Chambers
West, City Hall.
1. Call to order
2. Roll Call
3. Approval of April 4, 1994 Board of Adjustment
minutes
4. Added items to agenda
5. Administration of oath
G. Public hearings:
SCHNEIDER HOMES VARIANCE -- #V-94-3 (LP)
Request for variance from Section 15.05.040.A.1.c. to enclose
carports for 72 units of Phases II and III of
the Village on James
Street townhouse apartment complex. The applicant
proposes not to
provide access driveways 18 feet in length as
required for enclosed
garages.
MORFORD, PAUL, ET AL APPEAL -- #AD -94-1
Request regarding determination of (1) lot ownership and legal
nonconforming status; (2) amount of fill and requirement for review
under State Environmental Policy Act; (3) integrated site development
and requirement for review under State Environmental Policy Act; (4)
Multifamily Design Review requirement for five multifamily
residential lots.
CHEVRON USA -- #V-94-4 (MJ)
Request for variance from Section 15.07.060(L)2 requiring a planting
strip not less than five (5) feet in depth along all property
abutting public rights of way.
Any person requiring a disability accommodation should contact the City in advance
for more information. For TDD relay service, call 1-800-635-9993 or the City of
• Kent at (206) 813-2068.
BOARD OF ADJUSTMENT MINUTES
July 11, 1994
The scheduled meeting of the Kent Board of Adjustment was called to
order by Chair Jack Cosby on the evening of Monday, July 11, 1994,
at 7 p.m. in Chambers West, Kent City Hall.
BOARD OF ADJUSTMENT MEMBERS;
Jack Cosby, Chair
Ron Bannister
Walter Flue
Doug Gesler
CITY STAFF MEMBERS:
James P. Harris, Planning Director
Linda Phillips, Planner
Matthews Jackson, Planner
Lois Ricketts, Recording Secretary
Laurie Evezich, Assistant City Attorney
0 APPROVAL OF THE BOARD OF ADJUSTMENT MINUTES
Mr. Flue MOVED that the minutes of the April 4, 1994 meeting be
approved as written. Mr. Gesler SECONDED the motion. Motion
carried.
The public hearings were opened with the administration of the
oath.
Mr. Harris requested that the Morford appeal be changed from the
second position on the agenda to the first position on the agenda,
because there has been a request for a continuation until August 1
for this issue. The Assistant City Attorney Laurie Evezich will
represent the City regarding this appeal.
MORFORD, PAUL, ET AL APPEAL #AD 94-1
Laurie Evezich acknowledged that the parties have agreed to a
continuance so that the applicant's counsel could attend on his
behalf and on behalf of the other applicants on August 1. The
applicant's counsel was not available for the previously scheduled
May meeting, nor was the applicant's counsel available for the
following meeting on June 20. A quorum was not present for this
meeting. The applicant's counsel was also not available for this
July 11 meeting, but an agreement had been reached in advance of
this meeting between the applicant, the applicant's counsel and
counsel for the City of Kent to continue this hearing to August 1,
1994.
Board of Adjustment Minutes
July 11, 1994
Paul Morford has agreed to a continuance on August 1, but he wished
to submit a few pieces of data so that the Board could be looking
at this information between this meeting and the August 1 meeting.
The first item was a letter from Mel Kleweno, his attorney,
requesting the appeal and asking that his request be heard at the
earliest possible date. That letter was submitted on April 18.
Ms. Evezich stated that it was not appropriate to address the
substantive issues of the appeal at this time, because the parties
had agreed to appear before the Board on this date to acknowledge
that they agreed to a continuance.
Mr. Morford continued to say that he had some data to submit and
proceeded to describe the data.
Mr. Cosby stated that if he wanted to do that, he would have to
wait for his position on the agenda, which was the second position.
SCHNEIDER HOMES VARIANCE #V-94-3
Linda Phillips presented applicant's request for variance from
• Section 15.05.040.A.1.c to enclose carports for 72 units for Phases
II and III of the Village on James Street townhouse apartment
complex. The applicant proposes not to provide access driveways 18
feet in length as required for enclosed garages. The site of the
request is on James Street between 64th Avenue South and 68th
Avenue South. The entire development consists of three phases.
Because multifamily developments are required to provide 1.8
parking spaces per unit for development over 50 units, there are
234 parking spaces required. There are 134 separate surface
parking areas provided on both sides, 129 carports proposed, 27 of
those were proposed in the original development to be enclosed
garages. There are 236 total parking spaces, that is subtracting
the 27 that couldn't be counted because they are in enclosed
garages. That means that there would only be two that could be
enclosed and still have enough spaces to fulfill the requirement,
since enclosed garages do not count. The reason for the stacking
space to prevent overflow because there has been a history of
people using their garages for overflow storage, an office or extra
living space, and then having to find a place to park their car.
This particular section of the zoning code is meant to prevent
overflow parking both in the driveways of the developments and also
on the public street.
The Public Works Department recommended denial of the request
because they were concerned about the public streets and
circulation. The Fire Department pointed out that they require a
• 20 -foot access for emergency vehicles. The Fire Department was
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Board of Adjustment Minutes
July 11, 1994
concerned that the driveways be kept clear so that emergency
vehicles can enter the site.
After reviewing the facts and criteria for granting a variance, the
Planning staff recommends denial of this applications.
Kenneth Peckham, representing Schneider Homes, 6510 Southcenter
Boulevard, Tukwila, WA 98188, agreed with Linda's presentation of
numbers regarding the carports and garages. He agreed that the
complex does not have 18 feet of access leading into the garages,
and if the garages are enclosed, the necessary 234 spaces required
to meet the 1.8 spaces per living unit would not be available. It
boils down to an issue of safety and our homeowners general well
being. This is the only reason that we seek this variance. Since
the completion of Phase I, Schneider Homes has received a number of
complaints or communications expressing concern with regard to the
open carports. Several people in the neighborhood have taken long
looks at these open carports, sizing them up so to speak. We can't
do anything about Phase I, but we can try to do something about
Phase II and Phase III. He disagreed with the concept that
enclosing the carports would be detrimental to the public interest.
They would be if parking was sought off site, but we have taken
steps in contacting the Board of Directors for the Homeowners'
Association and trying to get them to incorporate into their
association bylaws and rules and regulations specific language that
would help govern and mitigate that problem. They have listed the
definition of a garage and its permitted uses and the restrictions
governing those garages. We have assurance from the association
that this will be incorporated into their bylaws and rules and
regulations. They will act as a watchdog and basically enforce
compliance. He read from the Village of James Street Permitted
Uses for Attached Garages. All residents of the Village of James
Street are to adhere to the following uses and restrictions with
regard to the garages attached to their residences: Uses: Garages
are to be used for parking of personal automobiles, bicycles and/or
motorcycles. Garages are to be used for the storage of personal
effects while still allowing for the parking of one automobile
inside the garage. Restrictions: Garages are not to be used for
any other use than that listed above. Garages are not to be used
for the purpose of conducting a person's business. Garages are not
to be used for the purpose of providing additional living space,
such as, but not limited to a bedroom, family room, living room,
play room, study or office. Parking is to be restricted to the
resident's garage space and spaces provided in designated outdoor
parking areas. No resident or their guest shall be permitted to
park directly in front of the garage or on the street surrounding
the Village of the James Street Apartments. Garages are provided
• for the residents of the Village of James Street so that they may
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Board of Adjustment Minutes
•
July 11, 1994
0
enjoy having the added security and convenience of an accessible
garage. Violation of any of the designated uses or restrictions
listed above will not be tolerated for any reason. Adherence to
these rules will be strictly enforced.
This was submitted as Exhibit A.
Ron Banister asked about the 18 feet in front of the garage. Will
that create a emergency vehicle problem.
Mr. Peckham responded that they were talking about subsequent uses
that would allow for the parking of an automobile if the garage was
being used for anything else, but we are maintaining that the
homeowners association will govern that residential development.
We do not have the 18 feet, so we have to help them draw up the
language or verbiage that will restrict them from using the
frontage to their garage as a parking space that would hinder
emergency access. We feel that the Homeonwers' Association will do
that. If you wish to monitor it, you are more than welcome to do
that. To the best of his knowledge every one of the garages is
being used as a parking space in Phase I.
Mr. Gesler asked how many bedrooms there were in each housing unit.
Mr. Peckham responded that these units include two and three
bedroom units.
Mr.Gesler clarified that there are 1.8 parking spaces per unit.
The public hearing was closed and the Board met in executive
session.
Mr. Gesler MOVED that the request for the variance be granted
subject to the incorporation into the Village of James Street
bylaws and covenants the following restrictions as presented:
Village at James Street Permitted Uses for Attached Garages:
All residents at the Village at James Street are to adhere to the
following uses and restrictions with regard to the garages attached
to their residences:
Uses:
1. Garages are to be used for the parking of personal
automobiles, bicycles, and or motorcycles.
2. Garages can be used for the storage of personal effects while
allowing for the parking of one automobile inside the garage.
51
Board of Adjustment Minutes
July 11, 1994
Restrictions:
1. Garages are not to be used for any use other than that listed
above.
2. Garages are not to be used for the purpose of conducting a
person's business.
3. Garages are not to be used for the purpose of providing
additional living space such as but not limited to a bedroom,
family room, living room, play room, study or office.
4. Parking is to be restricted to the resident's garage space and
spaces provided in the designated outdoor parking areas. No
resident or their guest shall be permitted to park directly in
front of the garage or on the streets surrounding the Village
at James Street development.
Subject to the incorporation of these restrictions and the
monitoring by the City, we find that the variance does not
constitute a grant of special privilege, because the enclosed
carports will provide additional security against vandalism and
burglary enjoyed by the other owners in the neighborhood with
garages. The owners will use the carports/garages for parking
cars.
Mr. Banister SECONDED the motion. Motion carried unanimously.
MORFORD PAUL ET AL APPEAL -- #AD -94-1
Paul Morford, PO Box 6345 Kent, WA 98064, submitted documents for
the Board to read in advance of the August 1 public hearing.
Ms. Evezich objected to the submittal of any documents by Mr.
Morford, because the legal counsel had not been presented these
documents prior to the hearing, and counsel would like Mr. Morford
to explain what they are and their relevancy to the case prior to
submittal. In the alternative, if the Board was going to allow Mr.
Morford to submit his documents, the City would request permission
to submit its rebuttal documents.
Mr. Morford stated that the data presented is material that had
been previously submitted to the City. There was nothing new.
Mr. Harris suggested that the data be presented to the secretary,
and that this material be included with the staff report that will
be prepared by the Law Department.
• 5
. Board of Adjustment Minutes
July 11, 1994
Mr. Morford stated that he was not present for a conflict, but
suggested that the Board might like to obtain a referee. He felt
that if the other side were going to submit something to the Board,
it would be appropriate for him to receive copies of it, too. He
referred to copies of material Ms. Evezich had in her hand. He
alluded to some form of secrecy.
Ms. Evezich objected to the characterization in the last statement.
She said there is nothing secretive about this matter. The parties
have agreed to a procedural continuance on behalf of the applicant
to discuss a legal issue in front of this Board through legal
counsel. If the applicant is submitting materials beyond the scope
of the procedural issue that we have agreed to present, the City
would like to submit its responses to this material. She stated
for the record that Mr. Morford had been served with a copy of each
of the documents, and she presented one additional letter at that
time. She stated that this information will again be provided to
Mr. Morford along with my written materials on July 25, one week in
advance of the meeting on August 1.
Mr. Cosby stated that the Board of Adjustment is a group of
citizens, a quasi-judicial organization. He added that in
September the hearing examiner will be hearing the issues that
previously have been heard by the Board of Adjustment.
Ms. Evezich assured the Board that both the Board and Mr. Morford
would receive the same materials that will be mailed on July 25,
1994.
CHEVRON USA -- #V-94-4
Matthews Jackson presented the applicant's request for a variance
from Section 15.07.060(L)(2) to eliminate the five-foot minimum
planting strip requirement abutting a public right of way. The
site is located in the GC, General Commercial, zoning district and
consists of approximately 25,028 square feet. The site is located
at 631 North Central Avenue. Access to the property is from North
Central Avenue and James Street. The surrounding land uses in the
immediate vicinity are a mixture of light industrial and commercial
activities. There are several established legally nonconforming
single family residences located near the subject property.
Variance activities are normally exempt from SEPA; however the
expansion of this site has gone through environmental review (#ENV -
93 -58). All properties that are in the GC zoning district are
required to provide a five-foot minimum planting strip abutting
private rights of way, which include alleys. The western property
line abuts a public alley which has a 12 -foot right-of-way width.
. There is no landscape buffer in place or any kind of demarcation
6
Board of Adjustment Minutes
July 11, 1994
where the property begins or where the entrance to the site is
located. The applicant wishes to eliminate that requirement and
expand the site to create a convenience store and a car wash with
access coming from the interior of the site in order to avoid any
kind of maneuvering or stacking in the public right of way. The
reason this application must come into conformance with the
buffering requirement of the code is that they are proposing to do
an intensification of a nonconforming use. If they were to keep it
as it exists today, they could legally stay as they currently exist
without having to update to meet the standards of the code.
Because they are upgrading and expanding, they need to meet the
standards of the code as would any of the other nonconforming uses
in the vicinity. The commuter lot, which is located directly west
of the site, is a vacant, non -improved gravel lot which at any time
could be developed with commercial use. When other uses develop,
they would be required to meet the current standards of the code.
City staff does not see any restriction because of the size and
shape of the lot in relation to the other properties in the area.
The minimum lot size in the GC zone is 10,000 square feet. This
lot includes more than twice this requirement. The addition of the
planting strip would define the access to the site. The
requirement for Type III, Visual Buffer, Landscaping is intended to
provide visual separation of uses from streets and main arterials
and between compatible uses so as to soften the appearance of
streets, parking lots, and building facades.
Robert Picard, Robert Lee and Associates, 1550 140th Avenue NE,
Suite 100, Bellevue, WA 98005, is representing Chevron which
would like to remove a 30 -year-old service station and upgrade it
with a new, modern facility. The added convenience store will have
an 800 -square -foot sales area. Attached to the rear of the
building will be a car wash that services two cars at a time with
an automatic cleaning system. outside the building will be a 38,
x 85' canopy with six multiproduct dispensers (12 fueling
positions). There will be installed four 12,000 gallon underground
product tanks which will have double-wall fiberglass and be
constantly electronically monitored. Chevron is sensitive toward
the environment and always exceeds federal, state and city
requirements by providing state of the art equipment and systems.
The City requires eight parking spaces, but the City has agreed to
four parking spaces with one handicapped access space, because the
primary customers for the food mart are those fueling at the
islands. It will not be a primary destination to visit the food
mart. The proposed landscaping would include 3,300 square feet,
which is 13 percent of the total site. This will be automatically
irrigated and maintained. At the corner of James and Central will
be a berm sod with pockets of color and a backdrop of four -foot -
high shrubs. This is intended to soften and screen the expanse of
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. Board of Adjustment Minutes
July 11, 1994
•
the paving. The south property line will have five sweet gum trees
that will have a maturity height of 35 feet. On James Street there
will be three flowering cherry trees with maturity height of 25
feet. The proposed landscape planters at the islands and strip
planters along and around the building will soften the appearance
of the building. Since so many vehicles will enter the site,
circulate on the site and egress from the site, circulation is of
paramount importance to the success of the operation. There needs
to be high visibility on the site and as few obstructions as
possible. The site has been designed to let the customer enter
from Central with wide pass throughs at the dispensers and exit on
James, or exit on Central, or enter the car wash. He presented the
Exhibit of the Circulation Plan which was not available at the time
the staff report was written. He showed how the five-foot
landscape buffer would create difficulty in exiting the site and
stated that they are proposing to landscape extensively along
Central and James, the main thoroughfares. The alley is both an
egress and ingress to the site, to the commuter lot and other
businesses down the alley. The alley is important to the
circulation of the site. He felt the critical areas to be buffered
are on Central and James. They are proposing significant increase
to the landscape buffer from the minimum of five to ten feet on
James, and as much as 15 feet at the intersection of Central and
James. A minimum landscape buffer of five feet around the
perimeter of the site would constitute a 2,200 square feet of
landscaping. The proposed alternative is to significantly increase
the planter areas along James and Central by providing 3,300 square
feet of landscaping rather than the 2,200 required. That is
roughly a 33 percent increase over the minimum requirement. If we
were to provide at least 50 percent of the landscaping along the
alley, it would be detrimental to the circulation on the site. The
drawing is taking into consideration the widening of Central. If
the pumps are moved closer to Central, it would cause stacking
problems out on Central. Adding this five-foot landscape buffer at
the rear of the site would cause traffic circulation problems
around the canopy, or if two cars were trying to go in opposite
directions. He felt their solution provides significantly more
landscaping than is required by the ordinance and provides
efficiency of circulation, safety and traffic flow. Gas stations
are an intense vehicular use, and Chevron desires to build an
attractive facility for the community of Kent.
Mr. Banister asked if this would remain a full-service station or
have only gas pumps.
Mr. Picard responded that it would be self -serve convenience -type
station. There would be no service bays.
8
• Board of Adjustment Minutes
July 11, 1994
Chair Cosby questioned the impacts.
Mr. Jackson responded that expansion of the site has gone through
an environmental review and that the condition applied to the
checklist would mitigate the impacts, as far as the increased
traffic is concerned.
Chair Cosby asked if any of the neighboring businesses were
represented.
Gary Fox, 517 Central, lives within 200 feet of the site and has a
plumbing business. He expressed concern about the alley traffic
and wondered how he would be impacted.
Mr. Harris stated he would put Mr. Fox in touch with appropriate
staff in the Planning Department who could answer his questions.
Chair Cosby was concerned how the remodeling would affect ingress
and egress to the site.
Mr. Picard responded that traffic would be primarily coming from
• James Street, and the alley would not be used as on-site
circulation. During construction Chevron would mitigate any
measures necessary to keep the alley open. There would be times
the alley would have to close to install storm water and sewer
facilities. He felt the construction time that would impact the
alley would be approximately one month.
Mr. Gesler asked if four parking stalls would be adequate.
Mr. Picard responded that the primary customers would be coming
from the cars that are being fueled out on the islands. The places
at the pumps are also considered parking spaces.
Mr. Fox expressed concern about rush hour traffic. James Street
gets backed up to the railroad track, and he felt that there would
be more alley traffic in order to avoid the James Street traffic.
At the present time his customers come in and out easily.
Mr. Flue asked if the Circulation Plan presented to the Board this
evening was part of the original plan.
Mr. Picard responded that this is an additional plan to show how
the circulation would function.
Chair Cosby asked if approval of this variance would constitute a
grant of special privileges. He quoted from the staff report,
• "Within the block of the proposed development, many of the existing
D
•
Board of Adjustment Minutes
July 11, 1994
properties are legally nonconforming, meaning that they do not meet
the current standards of the Zoning Code, but were legally
established at the time of their development. Any expansion or
intensification of a nonconforming use will have to meet the
current standards of the Zoning Code. Other properties along
similar alleys in the vicinity of the subject property have had to
meet the current standards of the Zoning Code at the time of
redevelopment." He asked if other properties along the alley have
had to meet current standards.
Mr. Jackson responded that there are no properties currently along
this alley that have had to meet current standards, but there are
properties in the immediate vicinity that have had to meet this
standard, including Kentucky Fried Chicken. When they changed
their access, they had to put in a buffer, and there is a buffer
behind an Arco station.
Public hearing was closed and the Board met for executive session.
Mr. Gesler MOVED that the request for a variance be denied, that
granting this variance would constitute a grant of special
privilege. Mr. Flue SECONDED the motion. Motion carried.
ADJOURNMENT
Mr. Flue MOVED to adjourn the meeting. Mr. Banister SECONDED the
motion. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
(ijamoeP-ttalf,is, Secretary
10