HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 11/01/1993 CITY OF 1-014CS I Dan Kelleher,Mayor
Laurence A.(Tony)McCarthy,Jr.,Chief Administrative Officer
s
AGENDA
BOARD OF ADJUSTMENT
November 11 1993
BOARD OF ADJUSTMENT MEMBERS:
Jack Cosby, Chair
Berne Biteman, Vice 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, November 1, 1993 , at
7 p.m. in Kent City Hall, City Council Chambers West.
1. Call to order
2 . Roll Call
3 . Approval of May 3 , 1993 Board of Adjustment minutes
4 . Added items to agenda
5. Certificate of Appointment
6 . Administration of Oath
7 . Variance:
MATLACK INC. #V-93-2
Variance from Section 15. 08 . 050 (9) (b3 and b4) , Kent Zoning
Code, pertaining to setbacks of hazardous substance land uses
from property lines and public recreation facilities.
220 4th AVE.SO., /KENT WASHINGTON 980';2-5895 1 TELEPHONE (206)859-3300!FAX#859-3334
• 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 11
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 setback
requirement. . The proposed location of the transfer operation
on the eastern portion of the site is preferable to other
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, MatlackInc. , 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 Compalny 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,
J mes P. Harris, Secretary
•