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HomeMy WebLinkAbout3436Ordinance No. 3436 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) Amends Ord. 3222 ORDINANCE NO. 3L131,, AN ORDINANCE of the City Council of the City of Kent, Washington, amending the City of Kent Comprehensive Plan to change the plan's land use map designation on property located at 11605 Kent-Kangley Road from SF -6 (single-family, 6 units per acre) to a land use plan designation of C (commercial) (CPA -97-3(E)). WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements in the zoning map; and WHEREAS, to assure that comprehensive plans remain relevant and up -to - the GMA requires each jurisdiction to establish procedures whereby amendments to plan are considered by the City Council (RCW 3 6.70A. 13 0(2)), and limits amendments once each year unless an emergency exists; and WHEREAS, the City of Kent has established a procedure for amending the ve plan set forth in Chapter 12.02 of the Kent City Code which sets a deadline September 1 of each year for acceptance of comprehensive plan amendments; and WHEREAS, by September 1, 1997, the City received applications to amend comprehensive plan's land use plan map designation; and WHEREAS, on November 24, 1997, the Land Use & Planning Board ed a comprehensive plan and zoning amendment for the applicant TM Investment its annual comprehensive plan and zone amendment process (CPA 97-3(E)); and WHEREAS, the approval was granted on the condition that the owner deed a portion of the property as a public right of way for the widening and improvement of 116th Avenue SE and Kent-Kangley Road; and WHEREAS, on January 20, 1998, the City Council approved the Land Use & Planning Board's recommendation subject to adoption of the necessary ordinances; and WHEREAS, on February 3, 1998, at the next regular city council meeting, the applicant requested that the matter be pulled from the ordinances adopting the 1997 annual comprehensive plan and zoning map amendments with the understanding that the matter would be submitted to the City Council at a later date following fulfillment of the condition of approval to rezone (i.e., dedication of the necessary public right-of-way); and WHEREAS, the matter was unresolved for nearly a year until December 8, 1998, at which time a fully executed quit claim deed was submitted transferring all the sary property for use as City right-of-way in fulfillment of the condition of rezone; WHEREAS, on December 8, 1998, the City Council for the City of Kent Japproved the Land Use & Planning Board's 1997 recommendation on comprehensive plan CPA -97-3(E) to amend the comprehensive plan designation of property located 11605 Kent-Kangley Road from an existing plan designation of SF -6 (single-family, six is per acre) to a comprehensive plan designation of C (commercial); NOW, M THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES Y ORDAIN AS FOLLOWS: SECTION I. The City of Kent comprehensive plan adopted by Ordinance 3222, as subsequently amended, is hereby amended to establish a new plan designation 2 for the following parcel: For the property consisting of approximately 2.08 acres at 11605 Kent-Kangley Road, Kent, Washington from a plan designation of SF -6 (single-family, 6 units per acre) to a new plan designation of C (commercial) as depicted in the map attached as Exhibit A and incorporated herein by this reference. (CPA -97-3(E)). SECTION Z - Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This Ordinance shall take effect and be in force five (5) days from and after the date of passage and publica'�on as provided by law. ATTEST: CITY CLERK OVED AS TO FORM: :ODER A. LUBOVICH, CI ASSED: 5 day of -tt.l [COVED: s day of LISHED: day of MAYOR 3 1999. 1999. 1999. I hereby certify that this is a true copy of Ordinance No. -34319 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. Ce-� (SEAL) BRENDA JACl�#' CITY CLERK P WiviROrdmanc6comp plan tm invest ord doc 11