Loading...
HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 04/01/1991 CITY OF )w"12211M Dan Kelleher, Mayor James P. Harris, Planning Director AGENDA + '= - BOARD OF ADJUSTMENT April 1, 1991 BOARD OF ADJUSTMENT MEMBERS: Walter Flue, Vice Chair Ron Banister Jack Cosby Raul Ramos 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, April 1, 1991 at 7 p.m. in . the Kent City Hall, City Council Chambers. 1. Call to order 2 . Roll Call 3 . Approval of December 3, 1990 Board of Adjustment minutes 4. Added items to agenda 5. Administration of Oath 6. Variances: MCDONALD INDUSTRIES #V-91-1 (ALS) 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. 7 . Election of officers 1 220 4th AVE.SO., 1 KENT,WASHINGTON 98032-5895!TELEPHONE (206)659-3390!FAX#859-3334 • 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 Council 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 ADJUSTMENT MINUTES Mr. Banister MOVED that the minutes of the December 3, 1990 meeting be approved as printed. Mr. Ramos SECONDED the motion. 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 South. The subject property is approximately 70, 000 square feet (1. 6 acres) and is zoned M3 , General Industrial. The Comprehensive Plan designates this area as I. Industrial. The purpose of Section 15. 05. 090 (C) is to ensure that the water and air quality are protected. In cases where vehicles are driven on unpaved surfaces, 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. i Kent Board of Adju$tment 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 . . . 5X8 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 Citystaff recommendation condition number 1 with the following condtion: 111. The unpaved portion of the site must have a crushed r�ck surface with an engineered base section structurally desig ed 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 suppoikt the use by heavy construction equipment and vehicles. The teport 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: i 1. The variance ! shall not constitute a grant of special privileges ingonsistent with a limitation upon uses of other properties injthe vicinity and 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 vari*nce would not be a grant of special privilege because the intent of the code regarding air and water quality would have beon addressed. 2 . Such a variance is necessary, because of special circumstances relating to lthe 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 ghat the site was previously occupied by a different ten nt; therefore, the site was not completely designed for tie applicant. The storage area was not designed for vehicles s4ch as those stored by McDonalds; however, these vehicles are ermitted in the M3 zone. The applicant has stated that tl e 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 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 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. • 2 . The proposed gravel storage area shall not be used 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 paved in 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 not work properly. Ms. Shobe explained that McDonald Industries built an 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 code requires that all vehicle maneuvering areas be paved. She showed a video of the types of vehicles which are used on the site. 3 i i Kent Board of Adjustment Minutes April 1, 1991 j Tim Geehan, Branch, Manager of McDonald Industries, Inc. in Kent, stated that the applicant purchased the site from Evans Machinery in 1985 . The site *ias constructed in 1975 or 1976 . He stated that Richard Chase, Watejr Quality Engineer, had visited the site and had suggested drainage improvements and changes to the washrack facility. Since #his 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. irwo 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 t1he storm drainage system and unnecessarily contaminate it. 'The applicant has complied with the City' s recommendation and linvested 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 requirement] of the law. They obtained approval from METRO for their oil and !water separator design. METRO does not want rainwater to flow flown 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 improvejments and sweeper. They have made the wash-down area smaller and the length of the hose shorter. Instead of two or three vehicles, th�y wash only one vehicle at a time now. The water cannot flow olut 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 mado, errors in the way the machinery has been handled, but theylhave made several changes and now meet the requirements of the City. Mr. Cosby asked whyithe building was constructed without a building permit. Mr. Geehan responddd 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. i 4 . 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 Michael 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 have concern about covering of the washrack area. Mr. Ramos asked why a soils report was required as part of the amended condition. Mr. Gill, City Engineer, responded that it was needed 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 unrecognizable. He felt this might happen after prolonged equipment loading on crushed gravel. One possible solution might be to 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 area. He felt that • McDonald Industries would like to have a long-term solution, so he was willing to look at different solutions which would keep the site as clean as possible. He had no objection to 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 facilities 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 and 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 system 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 Industrial Park on • the north side of 228th and it meanders along the west side of 4 5 Kent Board of Adju$tment Minutes April 1, 1991 Fisher parallelingithe railroad tracks and cuts westerly under the railroad tracks to 'ithe rear of these sites. Mr. Ramos asked how he would characterize the quality of water and the fish habitat potential. Mr. Gill responded hat 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 explaindd that storm water and runoff from the graveled area does not go info the drain, because the drain is buried in the concrete and the sij:ce is sloped toward the graveled area. Currently there is only one p of equipment at a time at the washrack, and this equipment is ituated in the center of the drain area. The applicant has changled the procedure for unloading equipment and has purchased a sweepers which is used several times each week to clean the area. There i4 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 stor4ge, leaving it unpaved and allowing the storm water to perk intothe 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. 6 i 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, 1 i Jame Ha r ' , "Secretary 7