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HomeMy WebLinkAbout2190�Fl OFFICE OF THE MAYOR DATE: November 29, 1979 TO: City Council Members FROM: Mayor Hogan,% SUBJECT: VETO MESSAGE I have vetoed Ordinance 2190 for the following reasons: 1. No assured adequacy of water for development in proposed rezone area. 2. Sewer service to area not available without amendment to King County Sewerage General Plan. 3. Development in proposed rezone area will adversely impact traffic congestion on existing streets. 4. Inventory of existing commercial/industrial acreage exceeds needs of the community for the next 10 to 20 years. MH/rd on ORDINANCE NO. �,' f AN ORDINANCE of the City of Kent, Washington, relating to planning and re- zoning for land development a portion of certain property originally zoned by the City of Kent as MA (Industrial Agricul- tural) to M-1 (Industrial Park District) zone. (UPLANDS REZONE) CD Lr) WHEREAS certain land was zoned by the City of Kent by CD Ordinance 1827 entitled "Ordinance adopting Zoning Code for the 0 City.of Kent, Washington", on the 4th day of June, 1973; and C] CO WHEREAS the effective date of the zoning of said land by said Ordinance 1827 and the effective date of said Ordinance 1827 itself, was the 20th day of June, 1973; and WHEREAS as required by Ordinance 1827, a public hear- ing was held before the Planning Commission of the City of Kent, wherein it was recommended that said land not be rezoned, and WHEREAS thereafter the City Council of the City of Kent did on the 17th day of September, 1979 hold a public hearing on said recommendation insofar as it related to said certain lands, and said public hearing being held after proper notice thereof; and after said public hearing the City Council determined the land should be rezoned to M-1 (Industrial Park District) zone; and WHEREAS it is found that the rezone of land is in the best interest of the health and welfare of the citizens of the City of Kent and is consistent with the Comprehensive Plan of the City of Kent and consistent with good planning, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. The following described land situated in the City of Kent, County of King, State of Washington, and pres- ently zoned as MA (Industrial Agricultural) and more particularly described as follows: That certain property described in Exhibit "A" attached hereto and incorporated herein by ref- erence as if fully set forth herein is hereby rezoned to M-1 (Industrial Park District) zone. Section 2. The rezone is subject to and expressly conditioned upon those terms and conditions in that certain doc- ument entitled "Rezone Agreement - Union Pacific Land Resources Corporation/City of Kent" attached hereto as Exhibit "B" and in- corporated herein by reference as if fully set forth herein. Section 3. The Planning Director of the City of Kent O be and he is hereby authorized and directed to indicate upon the OComprehensive Zoning Map of the City of Kent or upon an addendum 0 thereto, the zoning of said property as provided for in Section 1 0 of this Ordinance. 0o Section 4. That upon said amendment being shown upon the Comprehensive Zoning Map of the City of Kent, or upon an ad- dendum thereto, the copy of said map or addendum, shall be filed with the Director of Records and Elections of King County, Wash- ington, and the City Clerk of the City of Kent be and she is hereby authorized and directed to record this Ordinance with the County Auditor of King County and pay the filing fee therefore. Section 5. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. • i irTi eT(1D ATTEST .f. t1/i 7 MARIE JEN999,CITY CLERK i? "ROVEDTO FORM: V n DONALD E. MIRK, CITY ATTORNEY PASSED the day of November, 1979. APPROVED the day of November, 1979. PUBLISHED the day of November, 1979. I hereby certify that this is a true copy of Ordinance No.passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARM JENSEN, CITY CLERK ; t�e- c CC_ `'; -r 3;ft'/) /}rasls'U Th►� 2 - feet; thence parallel with tl7 _west .:inutesr53rse.^.onds of said Section 11, South 69 degrees last, 1469.99feet; thence parallel with said north -south center- ai�;e of Section 11 tiorth 01 degrees 01 rinutes ?8 sec' ands last, 850.73 feet, pore or less, to a point on said east -west centerline of section 11; thence along said east -west 370.0tfeetrto aatb 89 point on degrees 17 minutes 53 seconds )past, said north -south centerline of Section 11; the, -cc along said north -south centerline, South 01 degrees 01 minutes 28 seconds hest, 2376.01 feet, TRJE POIN TapZR or less to -theT OF BEGIN'KINZ "'*•i a •.. •-'•v. r �^ r+-wr.:�w �'i x, or �v"',dk•. :. �� .► - 's ... �'. r� ,i��, w ;,� i��v �, `' �t .,+, ``'" r.r .syr. KN � '�JBwgr C. �<t � � w �'. � ' <�f�'t'n1� < why � • `cw T°•t yr'P4 ,, � rt 'A ��"�`�ep ±A �w+Tl �,�. ""A ri..G, C,q 1•• w r �;. + J,,,,,� hrt �� r ,�` ,+M�'t3".� "'� � �.. 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I^S"��.(� " '6rt.,,cY •�.•'!rr 1/' rhf.�! �. •>e+ �t"� •� 'Nr"yr/p ',✓ ,i �;r r•.• ,, (. ' -. t+.wa b.'" •tiV �'!+�4rw V✓^,�. ,(.,,,,.: ,w ,� �+l'r+ r3:, P tii�f,r � .s. �. h, ..�`.�h 'i�.r;,'9 ^M ���`• •a,,N. yr �,'..'.A' � y^:'.r�•`„w, <;;F "�...r'•4+<1.. ,�'+�• ,i' ,y r '"� /1. %. . ,q,, �a,,.it. • fi4 .yw 4W.r. kv+�,x..R7,.,,v�a «+,'9�',Z.rru ...s.yi�^'k�a�',. y. , � .,r _ •I. .\.9� r i .� 'SD � PARCEL "A" A parcel O; land situate in the ir'est on o: Section 11 and the Northwest quarter fr�k+:? 4€ `ection Willaretta 14, Township 22 North, Range 4 Last Of the Washington, hounded and x � . idian, 1.3.,^.g County, State of v m described as follows: o �o=iencirg at the south quarter corner of said z m -4 CD Lr) Section 11: thence North L1 degrees c71 rainute5 .5 secon�ss 0z CV las:, 2&0.0 feet to a paint 01, the rortb line of a parcel o Lig}.t �L:.par•1 an 00 M p ' and dee"e"d to ?::get Sours'. rc'�:er A ..+ e :ecY�:ea lige south 79 �. CD thence 3�0; g said1;G:tTi C) co 23 minutes 56 seconds vest, 735.24 feet; ror:h lane South thence continuing along said 950.67 feet; -� 82 degrees 46 minutes 44 seconds hest, northline, North thence continuina along said 89 degrees 13 rinutes vest, 180.23 feet; line of said 5 t thence parallel with the wes60 02 seconds last, 16G1.o4 tion Al, ';orth 01 degrees G4 minutes feet; thence parallel with tl7 _west .:inutesr53rse.^.onds of said Section 11, South 69 degrees last, 1469.99feet; thence parallel with said north -south center- ai�;e of Section 11 tiorth 01 degrees 01 rinutes ?8 sec' ands last, 850.73 feet, pore or less, to a point on said east -west centerline of section 11; thence along said east -west 370.0tfeetrto aatb 89 point on degrees 17 minutes 53 seconds )past, said north -south centerline of Section 11; the, -cc along said north -south centerline, South 01 degrees 01 minutes 28 seconds hest, 2376.01 feet, TRJE POIN TapZR or less to -theT OF BEGIN'KINZ "'*•i a •.. •-'•v. r �^ r+-wr.:�w �'i x, or �v"',dk•. :. �� .► - 's ... �'. r� ,i��, w ;,� i��v �, `' �t .,+, ``'" r.r .syr. KN � '�JBwgr C. �<t � � w �'. � ' <�f�'t'n1� < why � • `cw T°•t yr'P4 ,, � rt 'A ��"�`�ep ±A �w+Tl �,�. ""A ri..G, C,q 1•• w r �;. + J,,,,,� hrt �� r ,�` ,+M�'t3".� "'� � �.. T✓'� a++'� 4,°a wr � � rpt""°"-tiy{ro''� Y �. • h^ � Ky, 5Y tt. �frd 0[M �y. < +6 4 ,,,i b '"�` � �`L }q4 `[:Y A ,�p�'' A"."`':+w ��.. rC"Aa., "'S ,r'� �!x���•J.� �i'•�'!'�',w +�A lli`•r ,� »tet 1°�' � � r,. � ,. I, .ISu yp` "„Sy, ', �.,: q� :5 ,. ��✓tyr . r� •R� nRY� /, .�+ � :'V... �+.:'Z++�'le wi, �.. •n`i'p ''�yMr �{.. r,y(t $'" �>,w +'�'' « 9'�~+'xx �, i�drlil:� r. ."t' (, �,ti�+i4y,.•°M'y�R'�'" . ,l } r� Y, 4. 4: '�. ti • .c" a + °'', r n rb ,fi i A';�. ' . W!ra. ,.r. r .w ib,ti ,b w T". . - s , b ,► '1' .'ltd X' M w �• A } r / a ♦ w ,• it ti 't,�•. wa s},+,. ,'b .ti. ryM,. -'I •tL,./' iY ��+ . r w x. b."d yA �, .• 1r •* S.i�' pA yM r I �,, 4F - •� {�. y. rr' t,rsf;"+^ trM !`` •,� .�^'. lY" yr`i.YS%p�'v+• ,+ w i - „ra1. y^a.. y'�• r �• , rY.-.b `.. �„"�.... f ,i" ., ._ &,� ..k.•,. „` la ,r. •4 •'b ^ ',f,��'� �,.�. ,.. . "`' .•inti a.. ^f•ya.' �' �,r��' , . _� '� Jf. ' �.i ' 1+1. Y . ^ - .A. . �, r ..c. .k� . k:!.•4 G•1�..�'. ^'�. - . ^!.,.y .f.• s. I^S"��.(� " '6rt.,,cY •�.•'!rr 1/' rhf.�! �. •>e+ �t"� •� 'Nr"yr/p ',✓ ,i �;r r•.• ,, (. ' -. t+.wa b.'" •tiV �'!+�4rw V✓^,�. ,(.,,,,.: ,w ,� �+l'r+ r3:, P tii�f,r � .s. �. h, ..�`.�h 'i�.r;,'9 ^M ���`• •a,,N. yr �,'..'.A' � y^:'.r�•`„w, <;;F "�...r'•4+<1.. ,�'+�• ,i' ,y r '"� /1. %. . ,q,, �a,,.it. • fi4 .yw 4W.r. kv+�,x..R7,.,,v�a «+,'9�',Z.rru ...s.yi�^'k�a�',. y. , � .,r _ •I. .\.9� r i .� PARCEL "B" A parcel of land situate in the north Half (2ND) of Section 14, Township 22 Korth, Range 4 hast of the Willamette Meridian, King County, State of washiisgton, according to an official plat of sai4 A. land filed in the District Land Office, said parcel z O being bounded and described as follows: N Ln 0 Ln Co=Dencing at the northeast corner of said i (NJ Section 14; rth line of O thence along the no said section a m North 89 degrees 11 minutes 24 seconds 'West, 30.09 o feet to the TREE P{?1!, i OF BEGI';U14; m o oo thence South 00 degrees 51 minutes 01 se onds nest, 1088.92 feet; thence North 89 degrees 08 minutes 59 sec- $ o onds West, 10.00 feet; m thence South 5 degrees 26 tainutec 42 sec- v onds hest, 151.33 feet; thence South 30 degrees 05 minutes 08 sec- onds nest, 61.43 feet to a point on the north line of 0 228th Street; Z thence along said north line North 89 degrees 09 .inutes 14 seconds hest, 1235.33 feet: thence continuing along said north line South -62 degrees 53 minutes 12 seconds 'West, 462.23 feet; thence leaving-said north line forth 00 degrees 50 ninutes 46 seconds Last, 186.71 feet; thence !North 89 degrees 09 minutes 14 seconds gest, 899.61 feet; thence North 89 degrees 07 minutes 49 seconds '+est, 1846.72 feet; thence North 01 degrees 05 rinutes 47 seconds Last, 1171.66 feet, more or less, to the south line of that certain parcel of land deeded to Puget Sound Folder Light Corpany; thence along said south line South 89 degrees 13 minutes Fast, 1121.00 feet, more or less, to an angle point; thence along an east line of said deeded parcel \,orth 01 decrees 05 minutes 47 seconds East, 149.32 feet to a point on a south line of said deeded parcel; thence along said south line South 88 degrees 59 minutes 21 seconds Last, 720.32 feet to the north quarter corner of said Section 14; thence along the north line of said section South 69 degrees 11 minutes 24 seconds East, 2602.95 feet to the TRUE POIk%IT OF $LGIh'ItI:`G. CITY OF KENT COUNTERPART Exhibit "B" Page 1 REZONE AGREEMENT - UNION PACIFIC LAND RESOURCES CORPORATION/CITY OF KENT This is an Agreement dated this 15',r* day of October, 1979, between the City of Kent, a municipal corporation of the State of Washington, hereinafter called "City" and Union Pacific Land Res- ources Corporation, a Nebraska corporation, hereinafter called "Owner". RECITAL OF FACTS 1. The City of Kent is experiencing a period of extremely 6. The City has no ultimate plans for control of storm and surface water runoff in the area, nor ultimate plans for serving the area with sewer or water, nor for the protection and preservation of the areas adjacent to the Green River. 7. The City has begun a series of studies designed to pro- vide solutions to the problems created by development and while these studies are well under way, it is obvious that more time will be required to complete the studies and for the City to be ready to implement the solutions arising out of the studies. 8. As an alternative to a hold on rezone activity, the City Council did on May 21, 1979, enact Ordinance 2164 which provides in essence that in exchange for continued processing of rezone applications, Owners would agree to help pay the cost of the City's studies and further to develop their properties in accordance with plans evolving from such studies. rapid growth and development. O 2. There are areas of the City which have unique charac- teristics which require careful planning to preserve, O protect and enhance. CV U 3. Many of these areas are currently zoned either Indus- © trial Agricultural (MA) or Residential Agricultural (RA). ,D 00 4. Applications for rezones for many of these areas are currently pending or in process. 5. The area located generally north of West James Street and west of West Valley Highway is the area under the greatest immediate pressure for development. 6. The City has no ultimate plans for control of storm and surface water runoff in the area, nor ultimate plans for serving the area with sewer or water, nor for the protection and preservation of the areas adjacent to the Green River. 7. The City has begun a series of studies designed to pro- vide solutions to the problems created by development and while these studies are well under way, it is obvious that more time will be required to complete the studies and for the City to be ready to implement the solutions arising out of the studies. 8. As an alternative to a hold on rezone activity, the City Council did on May 21, 1979, enact Ordinance 2164 which provides in essence that in exchange for continued processing of rezone applications, Owners would agree to help pay the cost of the City's studies and further to develop their properties in accordance with plans evolving from such studies. Exhibit "B" Page 2 4) Owner futher agrees that in the event that certain contemplated uses to the immediate south of Owner's property should prove to be incompatible with the intended uses on the Owner's property, that the Owner will use its best efforts in working with the developer of property to the south to the end that adequate buffering be provided between any such incom- patible uses, if any. Dated the date first above written. CITY dF- KENT B%' l Mayor UNION P I IC A RES URCES CORPORATION By Director -Land & Industrial Development REZONE AGREEMENT - UNION PACIFIC LAND RESOURCES CORPORATION/CITY OF KENT - 2 9. The Kent City Council in furtherance of the objectives of Ordinance 2164 and in reliance upon the Owner's promise to abide by the conditions contained therein, did process upon the Owner's Rezone Application which had been submitted The City Council recommmennddedo an application styled RZ-78-22. of a portion of the property from M approval of the rezone that the Owner be bound by the results of M-1 upon condition the studies previously referred to. Therefore in accordance with the foregoing recital of facts the City and the CD and in consideration of mutual benefits conferred LnLn Owner do hereby agree as follows: N0 1) City agrees to rezone that portion of Owner's property incorporated described in Exhibit "A" attached hereto and forth herein from MA to CD herein by reference as if fully set 0M-1. 00 2) Owner agrees to pay its proportionate share of the The costs to the City of the studies being conducted. costs of said studies is not exact amount of the Owner's in this time, but it is agreed that the costwill known at no event exceed $130.00 per acre for the property by the City Council. 3) Owner further agrees that development on the property City's studies will be deferred until such time as the such time as the have been completed, or at least until City feels it has sufficien�odata which make a ranyodevelopment determination as to the appropriateness proposed by the Owner. 4) Owner futher agrees that in the event that certain contemplated uses to the immediate south of Owner's property should prove to be incompatible with the intended uses on the Owner's property, that the Owner will use its best efforts in working with the developer of property to the south to the end that adequate buffering be provided between any such incom- patible uses, if any. Dated the date first above written. CITY dF- KENT B%' l Mayor UNION P I IC A RES URCES CORPORATION By Director -Land & Industrial Development