HomeMy WebLinkAbout1577RESOLUTION NO. /577
A RESOLUTION of the City Council of the
City of Kent, Washington, adopting findings of fact and
continuing a moratorium on the acceptance of
applications for any land use permit or approval for
subdivisions, short plats, or any other similar application
that increases the number of lots and/or density on
property located within the City of Kent that is
designated as an urban separator by King County, and in
areas being considered by the City of Kent for inclusion
in an urban separator.
WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums,
provided a public hearing is held within sixty days of adoption; and
WHEREAS, on October 3, 2000, the City Council adopted Resolution
No. 1576 imposing a moratorium barring acceptance of all applications for any land
use permit or approval for subdivisions, short plats, or any other similar application
that increases the number of lots and/or density on property located within the City of
Kent that is designated as an urban separator by King County, and in areas being
considered by the City of Kent for inclusion in an urban separator until additional
review has been completed and any necessary comprehensive plan, zonmg map,
and/or code revisions have been adopted by the Kent City Council; and
WHEREAS, RCW 35A.63.220 provides that a city adopting a
moratorium shall adopt findings of fact immediately after the public hearing held
within sixty days of adoption of the moratorium; and
1 Urban Separators
Moratorium Continuation
WHEREAS, a public hearing was held on Tuesday, November 7, 2000,
before the Kent City Council to consider testimony on whether or not to continue the
moratorium; and
WHEREAS, the Kent City Council believes it is in the best interest of
the City to continue the moratorium for the protection of the health, safety, and
general welfare of the community; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Finding of Fact Incomorated. The recitals
and findings of fact set forth in this resolution are hereby incorporated as if fully set
forth herein.
SECTION 2. Findings of Fact. The Kent City Council hereby adopts
the following findings offact.
1. The City Council previously forwarded the matter of urban separators
to the Land Use and Planning Board for consideration.
2. The Land Use and Planning Board held a hearing on urban separators
on September 25, 2000, which was continued to October 16, 2000, and further
continued to October 23, 2000.
3. The Land Use and Planning Board has concluded its review of urban
separators and is in the process of forwarding its recommendation to the City Council
for consideration.
4. Under consideration by the City are comprehensive plan, zoning, and
other issues related to urban separators.
2 Urban Separators
Moratorium Continuation
5. Also under consideration by the City are various proposals to define the
density and boundaries of urban separators within the City, some of which may
include areas not currently included within the urban separator as defined by the
County.
6. During the analysis and review of the issues concemmg urban
separators, there is a possibility that the City could receive applications for
subdivisions, short plats, or rezones that would significantly increase the number of
lots and/or density of the property located within the areas that are proposed for
inclusion as urban separator within the City.
7. An increase in the number oflots and/or density of the property located
within the areas that are proposed for inclusion as urban separator within the City may
conflict with the City's ultimate determination of the density and location of urban
separators.
8. The City needs additional time to fully review and analyze the issue of
urban separators in a comprehensive fashion and to determine and implement any
necessary changes to the comprehensive plan, zoning map, and policies.
9. RCW 35A.63.220 authorizes cities to adopt moratoriums; provided, a
public hearing is held within sixty (60) days of adoption.
10. The City Council finds that it is appropriate to continue the moratorium
on any subdivision of land located within the area currently designated as an urban
separator by King County as well as the area being considered by the City for
inclusion in an urban separator until additional review and analysis has been
completed on the issue of urban separators within the City of Kent.
SECTION 3. Continuation of Moratorium. Based upon the findings of
fact adopted in Section 2, the Kent City Council hereby determines that it is necessary
for the moratorium enacted in Resolution No. 1576 to remain in effect for the entire
3 Urban Separators
Moratorium Continuation
180-day period set forth in said resolution. Accordingly, the moratorium shall not
expire until midnight on April2, 2001, unless the moratorium is shortened or extended
by action of the City Council or until the effective date of any ordinance establishing
new regulations governing urban separators, whichever is sooner. During said
moratorium, no application shall be accepted for any land use permit or approval for
subdivisions, short plats, rezones, or any other similar application that increases the
number of lots and/or density on property located within the area designated as urban
separator by King County, more fully set forth in Exhibit "A" attached hereto and
incorporated herein by reference, and in areas being considered for inclusion as an
urban separator in the City of Kent, more fully set forth in Exhibit "B" attached hereto
and incorporated herein by reference. This moratorium shall not apply to any
application for a land use permit or approval which is completed and vested on the
effective date of the original moratorium. Additionally, this moratorium shall not apply
to any other application for a land use permit or approval which is not for a subdivision,
short plat, or other similar application which increases the number oflots and/or density
on property located within or proposed for inclusion as an urban separator. Examples
of the latter include, but are not limited to, a building permit application on an existing
lot and a final plat application on an existing approved preliminary plat.
SECTION 4. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 5. Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
4 Urban Separators
Moratorium Continuation
SECTION 6. Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASS ED at a regular open public meeting by the City Council of the City
of Kent, Washington, this 7 day ofNovember, 2000.
CONCURRED in by the Mayor of the City of Kent this 7 day of
November, 2000.
ATTEST:
~~ BRENDAJACOBER YCLERK
APPROVED AS TO FORM:
~ERi£mc~~=
I hereby certify that this is a true and correct copy of Resolution No.
/57 7 passed by the City Council of the City of Kent, Washington, the 7 a..-day
of~,2000.
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5
TYCLERK
Urban Separators
Moratorium Continuation
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August 31, 2000
Kent Planning Department
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