Loading...
HomeMy WebLinkAboutCity Council Committees - Planning-Board of Adjustment - 03/04/1986 It CITY OF ��� AGENDA + BOARD OF ADJUSTMENT March 4, 1986 o ' BOARD OF ADJUSTMENT MEMBERS: Phyllis Mauritsen, Chairman Anne Biteman Beth Carroll Walter Flue Robert Kitto CITY STAFF MEMBERS: James P. Harris, Planning Director Ed Heiser, Assistant Planner This is to inform you of the scheduled meeting of the Kent Board of Adjustment to take place on Tuesday, March 4, 1986, at 7:30 p.m. in the Kent City Hall . Agenda 1 . Call to order 2. Roll call 3. Approval of the February 4, 1986, Board of Adjustment minutes 4. Added items to agenda 5. Variance Application Number CANDYLAND TOO #V-86-1 Request for variance from standard requiring separate ingress/egress to be provided in a day care, as required in Zoning Code Section 15.08.020 B6. 2204th AVE. SO., / KENT,WASH I NGTON 98032-5895/ TELEPHONE (206) 872-3300 • KENT BOARD OF ADJUSTMENT MINUTES March 4, 1986 The scheduled meeting of the Kent Board of Adjustment was called to order by Chairman Mauritsen on the evening of Tuesday, March 5, 1986, at 7:30 p.m. in Kent City Hall , City Council Chambers. MEMBERS PRESENT: Phyllis Mauritsen, Chairman Anne Biteman Beth Carroll Walter Flue Robert Kitto CITY STAFF MEMBERS PRESENT: James P. Harris, Planning Director Ed Heiser, Assistant Planner Lois Ricketts, Recording Secretary Chairman Mauritsen presented certificates to the three new Board members: iBeth Carroll , Anne Biteman, and Walter Flue. APPROVAL OF FEBRUARY 4, 1986, Ms. Carroll MOVED that the minutes BOARD OF ADJUSTMENT MINUTES of the February 4, 1986, Board of Adjustment meeting be approved as presented. Mr. Flue SECONDED the motion. Motion carried. Mr. Harris suggested that a vice chairman be selected at this meeting, since the vice chairman has been elected to the City Council . Chairman Mauritsen explained that a representative of the Planning Department would make a presentation which would be followed by questions from the Board. Then the public hearing would be opened and the applicant would have the opportunity to speak. The meeting would then be closed and discussion by the Board would take place. All those who expected to speak were sworn in. CANDYLAND TOO--CHILD CARE CENTERS Mr. Ed Heiser presented the VARIANCE #V-86- 1 applicant's request for a variance from standard requir- ing separate ingress/egress to be provided in a day care as required in Section 15.08.020 B6: The following is quoted from page 109 of the Kent Zoning Code: • Kent Board of Adjustment Minutes March 4, 1986 1 I i B. INurseries and Day Care Centers 16. Ingress and egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off the public street. The applicant 's rE quest for a variance is to provide only one driveway in lieu of two driveways as required in the Zoning Code. The property is located at the northwest corner (f Kent-Kangley Road and 116th Avenue SE. The City limits are on only one c( rner of that intersection. The other three corners are in King County. The .address of the property is 26047 and 26049 116th Avenue SE. The property is approximately one acre in size and is presently zoned MRM, Medium Density Multifamily Residential . The applicant plans to establish a day care facility on the subject property. The facility would be open from 6:00 a.m. to 6:30 p.m. on Monday through Friday The two main bui W ngs on the site will be renovated to accommodate day care activities. The facility will have a capacity of 50 children. The Kent Zoning C6de requires day care centers to have separate points of vehicular ingress : land egress and loading areas. The subject property has a paved parking lotiat the present time with a single driveway on 116th Avenue SE. The applicant wises to use the existing parking lot and driveway for ingress and egress in lien of the separate areas required by the Zoning Code. There is no driveway planned for Kent-Kangley Road. The site was anne�Ced to the City of Kent in 1968. The initial zoning of the site was R3, Low ensity Multiple Family. The property was reclassified to MRM, Medium Density Multifamily Residential , in 1973 with the adoption of the present Zoning Code. A single family hpme was built on the site many years ago. In 1982 a build- ing permit was issued to construct a small church on the site. This building remains on the pr�perty. Other improvements on the site include an asphalt parking area, lan scaping, and fencing. The development o multifamily housing has occurred at a fast pace over recent years. Apartmentls have been constructed to the west and north of the subject property. The cojnstruction of single family homes is also continuing at a rapid pace to the east !in unincorporated King County. Residential growth is expecte to continue in the general area. Kent-Kangley Road is adjacent to the south side of the subject property. Thi road is a primary] arterial that provides a major vehicular east-west route. The road includes) five lanes of pavement (including a left-hand turn lane) to 116th Avenue SE. To the east of 116th Avenue SE the road tapers to two lanes. The road is currdntly being improved to five lanes from 116th SE to 132nd SE. i -2- < a Kent Board of Adjustment Minutes . March 4, 1986 Land in the area is predominantly residential . Single family uses lie to the south and east. A combination of single family and multifamily uses are to the west and north. Sanitary sewers are not available to the site. The site is presently on a septic system. King County Health Department must approve any septic system to be used for the proposed facility. The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that : A. The Comprehensive Plan designates the property as Multifamily 7-12 units per acre. The City-wide Comprehensive Plan and the East Hill Plan each contain policies that support the location of day care centers throughout the City. B. The site is presently zoned MRM, Medium Density Multifamily Residential . C. Land use in the area is predominantly residential . D. The site has direct access to 116th Avenue SE. Kent-Kangley Road abuts the site to the south. E. There are no flood control problems on the site. F. The Board of Adjustment may grant a variance if an application is deemed to meet the conditions for granting a variance outlined in Zoning Code Section 15.09.040 C. These conditions are as follows: 1 . The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed is located. 2. Such variance is necessary, because of special circumstances relat- ing to the 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; and 3. That the granting of such variance will not be materially detri- mental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject prop- erty is situated. -3- i s i Kent Board of Adjustment Minutes March 4, 1986 The Planning Department has reviewed the above statements and made the following findings: 1 . The variance shall not constitute a grant of special privileges inconsistentiwith a limitation upon uses of other properties in the vicinityjand zone in which the property, on behalf of which the application was filed is located. Planning Departm6nt Finding --- r---. The request is tjo eliminate the standard which requires separate ingress/egress points at day care centers. The purpose of the standard is to insure pedestrian safety in vehicular traffic areas. The applicant haIs submitted information detailing how children will be received at tahe day care center. This policy was submitted as supporting information with the variance application. Each child must 'be accompanied by a parent or other adult into the day care center. The child is then signed in and the adult may leave. Upon departure each child must be signed out. The children will not be released untiil the authorized adult officially signs the child out. This procedure guarantees that the children will be escorted both in and out of the acility by a parent or another adult. i Traffic safety Is a primary concern of the City of Kent, especially where children Ore involved. The applicant' s policy, which requires that children b4 escorted to and from the facility, will help to insure the safely of the children. Since all new developments are required to insure pedestrian safety, the variance would not be a grant of special privilege to the applicant. 2. Such variance is necessary, because of special circumstances relating tothe size, shape, topography, location or surround- ings of thelsubject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone iniwhich the subject property is located. Planning Department Finding: The subject property has been improved with an asphalt parking lot. This parking lo. includes sixteen parking stalls and adequate maneu- vering area. The existing parking lot will provide area for parking, maneuvering, and loading without the need for a separate ingress and egress point. The variance is appropriate because the existing size and design of the parking lot precludes the need for separate ingress/ egress points. i -4- c Kent Board of Adjustment Minutes March 4, 1985 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. Planning Department Finding Granting this variance will not impact adjacent properties or the proposed day care facility. In addition, the safety of pedestrians, including children, on the site is assured. PLANNING DEPARTMENT RECOMMENDATION The Planning Department recommends approval of the request with the following conditions: 1 ) The Seattle-King County Health Department must grant approval of the septic system for the proposed day care facility. Zj The applicant shall strictly adhere to the day care policy of child sign in and out, as outlined in Discipline Policy • ARRIVAL: Each child must be accompanied into Candyland Centers by a parent or a responsible adult that the child feels comfortable with when checked in each day. DEPARTURE: Please come inside to sign your child out. We will not release a child to anyone other than the parents or persons listed on the registration form. If another arrangement is necessary, a note or phone call from the parent will be required for the release of the child. Chairman Mauritsen opened the public hearing. Robert Clayton, with his wife Norma Clayton, are owners of Candyland Day Care Centers located in Renton. This day care was originally located on the Benson Highway but was moved to this site on 116th. He pointed out that it is required of all parents or guardians or designated individuals to sign all children in and out daily. He stated that they have provided records for the City of Renton showing the exact times that children were signed in and out. He expressed appreciation to Mr. Heiser for the clear and accurate presentation of the situa- tion. He stated that Kent 's Engineering Department has already been notified that there are two septic tanks, one for the chapel and one for the building, and that they have been approved by Kent 's Engineering Department. The Seattle King County Health Department had been notified of this approximately one month previous to this hearing. There are approximately 5,000 square feet of paved parking at this site. -5- I r i i Kent Board of Adjustment Minutes March 4, 1986 Chairman Mauritsen aisked if they had any previous problems with people backing up in the parking area. Mr. Clayton responded that there had never been any problems in backing up with the children in the parking lot at the facility. Ms. Carroll asked if it would be possible to build a horseshoe-type driveway. Mr. Clayton respond@d that the arrangement at the present time would not allow this because the pa ing would have to cover the chapel 's septic tank field. He pointed out that eadh child is escorted to and from the school by an adult, and they have never hadany students who were dropped off at the facility. Ms. Carroll felt th4t it would be ideal in theory to have a horseshoe drop-off area. Mr. Clayton assuredjthe Board that the legal requirements for day care facilities do not allow this fdr students between the ages of one and five. Each child is brought into the school and signed in by an adult. In the evening each child is signed out by anadult with the proper credentials. Ms. Biteman asked if there were ever any traffic backup problems. i Mr. Clayton explain�d that each car was parked in a striped stall . There are two areas for parking. The older children are taken to the "castle" and the adults bringing there children park in the area nearest this building. The younger children ark taken into the other building, and those adults park closest to that structure. Both areas have designated sign-in areas, and each adult knows exactlywhere each child must be signed in. Because of this procedure, the cars separate aS they come into the parking area. Chairman Mauritsen 4sked if there were a flood of children at certain times of the day. Mr. Clayton explained that the center has kept accurate records of the arrival and pickup times for each student and that this has not been a problem. Mr. Flue asked how many parking stalls were available at the facility that was leased on the Benson Highway. Mr. Clayton answered that there was parking for approximately 16 cars. Ms. Carroll asked i'f they expected less traffic congestion at the new site. Mr. Clayton responded that they were already experiencing less congestion at this site. i Mr. Kitto MOVED to !close the public hearing. Mr. Flue SECONDED the motion. Motion carried. -6- Kent Board of Adjustment Minutes March 4, 1986 Mr. Kitto MOVED that the findings of the Planning Department report be adopted and that the variance request be approved subject to the two conditions set forth in the Planning Department report. Mr. Flue SECONDED the motion. Mr. Flue stated that he was familiar with the previous site and had not observed any traffic problems. He felt that the configuration of the present parking lot would not present any parking problems. He expressed approval of the requested variance. Ms . Carroll found no objection to the request. The motion to approve the variance was carried. ELECTION OF VICE CHAIRMAN Ms. Carroll nominated Robert Kitto for the position of Vice Chairman. Ms. Biteman SECONDED the motion. Mr. Flue MOVED that the nominations be closed. Ms. Biteman SECONDED the motion. Motion carried unani- mously. ADDITIONS TO THE RULES AND REGULATIONS Chairman Mauritsen suggested that . FOR CONDUCTING BUSINESS the procedure of swearing in witnesses be included in the rules and regula- tions. Ms. Carroll felt that this should be added to the agenda. Ms. Carroll MOVED that the new procedure of swearing in witnesses for each hear- ing be added to the rules and regulations for conducting business by the Board of Adjustment. Mr. Flue SECONDED the motion. Motion carried. Chairman Mauritsen suggested that there be a deadline for material that is submitted for each hearing. Mr. Kitto asked for clarification regarding the procedure followed in the mailing of materials to the Board. Mr. Harris responded that the materials are mailed to the Board on the Tuesday which precedes the hearing. A ten-day deadline is the amount of time required by the Planning Commission for submission of materials for a hearing. This allows suffcient time to prepare the necessary copies for the mailing and for the meeting. Mr. Kitto asked if there would be an easy way to notify the applicant of this procedure. Mr. Harris responded that this procedure could be described to the applicant at the time the application is obtained, or this information could be included on the application form. 7 i i i i Kent Board of Adjustment Minutes March 4, 1986 i Mr. Kitto MOVED thatIall written material be submitted to the Planning Department ten days prior to the scheduled meeting. Ms. Carroll asked hod exceptions could be handled. Mr. Harris replied that the Board could suspend the rules if they felt this acti n was appropriate for is particular issue. Chairman Mauritsen restated the motion that the Board of Adjustment amend the rul s to state that the adplicants for a variance or appeal of administrative interpre- tation must have all information into the Planning Department at least ten days in advance of the hearing date, and that this amendment be included in the Board of Adjustment Rules and Regulations for Conducting of Business. Mr. Flue SECONDED the motion. Motionunanimously approved. ADJOURNMENT Ms. Carroll MOVED and Mr. Flue SECONDED the motion to adjourn the meeting. Motion carried. The meeting was adjourned at 8:30 p.m. Respectfully submitted, James P. Harris; Secretary i I -8-