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HomeMy WebLinkAbout2809ORDINANCE NO. f� AN ORDINANCE of the City of Kent, Washington, regarding Planning Department East Valley Zoning Study, designating procedures for amendments to the Zoning Map and Zoning Text to implement the Comprehensive Plan or changes previously authorized by the City Council; granting to the Planning Commission the authority to consider and make recommendations on zoning map amendments, in lieu of the Hearing Examiner; and providing for public notice procedures for public hearings held on amendments proposed as a result of this Study. WHEREAS, the City Council directed the Planning Department to conduct a study of the East Valley Planning Areas; and WHEREAS, the Planning Department concluded. the Fast Valley Study in March of 1988; and WHEREAS, the Planning Commission has held hearings on the Comprehensive Plan changes, and the City Council amended and adopted East Valley Comprehensive Plan and map changes, including amendments to the Valley Floor Plan; and WHEREAS, the City Council has directed the planning staff to implement the Comprehensive Plan changes, made as a result of the East Valley Study, by amendments to the zoning map and/or text; and WHEREAS, RCW 35A.63.020 empowers a city council to authorize the Planning Commission to hear and make recommendations to the City Council on Zoning Map amendments; and WHEREAS, public notice and opportunity for input on the East Valley Zoning Study results is of the highest priority to the City Council; and WHEREAS, the Council is desirous of establishing ! procedural rules for implementation of proposals generated thereby, which are both expedient in its process and generous in its opportunities for public hearing and input; NCW, THEREFORE, i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FCLLCWS: Section 1. The Valley Floor Comprehensive Plan amendments as passed by the City Council as a result of the East Valley Study are to be implemented through amendments to the Zoning Text, and/or official Zoning Maps. Rules for East Valley Study's hearings and recommendations to the City Council shall be as defined in Section 2. Section 2. I. Planning Commission 1. -Zoning Nap Amendments. A. Authorization. The Planning Commission, lin lieu of the Hearing Examiner, is authorized to conduct the !hearings on all Zoning Map amendments proposed to implement the !comprehensive plan charges resulting from the East Valley Study. ;The Commission shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together !with a recommendation tc the City Council, for such proposals. B. Report by Planning Department. Department shall coordinate and assemble relevant information regarding any !proposed amendment the comments and recommendations of other City !departments and governmental agencies having an interest in the !proposal and shall prepare a report summarizing the factors !involved and the Planning Department analysis and supportive !recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the Commission and copies thereof shall be made available for use by any interested party for the cost of reproduction. - 2 - C. Conflict of Interest. Planning Commission members shall not conduct or participate in any hearing or decision in which the Planning Commission members have a direct or indirect personal interest which might exert such influence upon the Commission that might interfere with their decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have the Planning Commission members free from personal interest or prehearing contacts on land use regulatory matters considered by them. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or prehearing interest contact impairs the members' ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said member. No Council member, City official, or any other person shall attempt to interfere with, or improperly influence the Planning Commission members in the performance of their designated duties. E. Public Hearing. Eefcre rendering a decision or recommendation on any proposal, the Commission shall held at least one public hearing thereon. The Commission shall have the power to prescribe rules and regulations for the conduct of hearings under this Ordinance and also to administer oaths, and preserve order. E. Recommendation or Decision. i. The Commission's recommendation or decision may be to grant or deny the proposal, or the Commission may recommend or require such conditions, modifications and restrictions as the Commission finds necessary to make the proposal compatible with its environment and carry out the objectives and goals of the Comprehensive Plan and amendments thereto, the Zoning Cede, the Subdivision Code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional roads rights-of-way. - 3 - ii. In regard to proposals for zoning amendments, the findings and conclusions shall be submitted to the City Council, which shall have the final authority to act on such applications. F. Commission's Decision and Recommendation -- Findings Required. The Commission shall render an oral recommendation at the conclusion of the final hearing on any matter. Thereafter, the Commission shall make and enter written findings from the record and conclusions therefrom which support such recommendation, which written findings and recommendation shall be rendered within fourteen calendar days of the conclusion of the hearing. The copy of such reccrr:mendation including findings and conclusions, shall be transmitted by first class mail, to all parties of record in the case requesting the same. There shall be kept on file in the Planning Department a signed affidavit which shall attest that each mailing was sent in. compliance with this provision. In addition, the Commission shall file a recommendation with the City Council at the expiration of the period provided for a rehearing or within fourteen days of the conclusion of a rehearing, if one is conducted. G. Reconsideration. Any aggrieved person feeling that the recommendation of the Commission is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request fcr reconsideration by°the Commission within fourteen days of the dated the recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and, the Commission may, after review of the record, take further action as they deem proper. H. Appeal of Commission's Recommendation. Any party who feels aggrieved by the Commission's recommendation may submit an appeal in writing to the Council within fourteen calendar days from the date the final recommendation of the Commission is rendered, requesting a review of such recommendation. Such appeal shall be upon the record established and made at the hearing held by the Commission, provided that new evidence which was nct available at the time of the hearing held by the Commission may be included in such appeal. The term "new evidence" shall mean only evidence - 4 - ,I discoverE6 after the hearing held by the Commission and shall not "include evidence which was available or which could reasonably have been available and was simply not presented at the hearing for whatever reason.. Such written, appeal shall allege specific � errors of fact, specific procedural errors, omissions from the record, errors in the interpretation of the Comprehensive Plan or new evidence which was not available at the time of the hearing held by the Commission. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing shall be held by the City Council. Such hearing shall be held in the manner set out in resolution adopted by the City Council containing appeal procedure for Hearing Examiner decisions. If the Commission has recommended approval of the proposal, such recommendation shall be considered by the City Council at the same time as the consideration of the appeal. 2. Text Amendments. The Planning Commission shall conduct at least one public hearing on all proposed Zoning Text amendments. The Planning Commission shall make a recommendation i alto the City Council. Conduct procedures of the Planning Commission for proposals under this Work Program shall be as provided in Kent City Code Chapter 2.32. II. City Council Review. 1. Zoning Map Amendments. Any Zoning Map amendment proposal requiring action by the City Council shall be taken by the adoption of a resolution or ordinance by the Council. When taking any such final action, the Council shall make and enter findings of fact from the record and conclusions i therefrom which support its action. The City Council may adopt all or portions of the Commission's findings and conclusions. i j In the case of an ordinance for re2cn.e of property, the ordinance shall not be placed on the Council's agenda until all conditions, restrictions, or modifications which ' imay have been stipulated by the Commission have been accomplished !or provisions for compliance made to the satisfaction of the LegalI Department. The action of the Council, approving, i modifying, or rejecting a recommendation of the Commission, shall i I f i - 5 - be final and conclusive, unless within twenty calendar days from the date of the Council action an aggrieved party or person applies for a writ of certiorari to the Superior Court of Washington for King County, for the purpose of review of the action taken. 2. Zoning Text Amendments. The City Council may affirm, modify or disaffirm any recommendation of the Planning Commission with regard to text amendments. III. Public Hearing Notice Requirements. 1. Planning Commission. A. Zoning Map Amendments. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) (days prior to the public hearing. Additional mailing or posting of the notices may, at the option of the Planning Commission, be required. B. Zoning Text Amendments. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ter, (10) days prior to the public hearing and by posting the notice in three (3) general public locations. C. Simultaneous Hearings. In the event that the Planning Commission shall consider simultaneously any of the above categories of actions, the Commission shall employ the public hearing notice requirements for the action considered which ensures the maximum public notice opportunities. 2. City Council. A. Zoning Map Amendments. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing. Additional mailing or posting of the notices may, at the option of the Planning Commission, be required. B. Zoning Text Amendments. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing and by posting the notice in three (3) general public locations. MOM C. Simultaneous Hearings. In the event that the Planning Commission shall consider simultaneously any of the above categories of actions, the Commission shall employ the public hearing notice requirements for the action considered which ensures the maximum public notice opportunities. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENW CITY CLERK APPROVED AS TO FORM: ------------- ANDRA DRISCCLL, CITY ATTORNEY PASSED the day of 0' , 1988. APPROVED the % day of C2d--td— , 1988. PUBLISHED the day of , 1988. I hereby certify that this is a true copy of Ordinance passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereof in6icated. 6180-230 (SEAL) MARIE JEN , CITY CLERK - 7 -