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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 OF CAGENDA BOARD OF ADJUSTMENT vv='N 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 2 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 3 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 7 . 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