HomeMy WebLinkAbout2802Ordinance No. 2802
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed 9/20/1988
Relating to zoning and hearing examiner decisions; repealing KCC Section
15.04.080; establishing Section 15.04.080 planned unit development; and
amending KCC chapter 2.54 relating to hearing examiner decisions regarding
planned unit developments
Repealed by Ord. 3409 (Sec. 15.04.080)
Amended by Ord. 3511 (Secs. 2.54.100 now 2.32.090; 2.54.110 now
2.32.100; 2.54.120 now 2.32.110; 2.54.130 now 2.32.120; 2.54.140 now
2.32.130; 2.54.150 now 2.32.140; Sec. 2.54.100 now 2.32.090)
Amended by Ord. 3560 (Sec. 2.32.090(8))
Amended by Ord. 3574 (Sec. 2.54.160 now 2.32.150; 2.54.170 now
2.32.160 & 2.54.180 now 2.32.170)
Amended by Ord. 4044 (Sec. 2.32.130)
The date ['Beginning July 1, 1998"1 has led to confusion This date will be deleted from cover sheets of ordinance/
resolution revision pages This cover sheet will be deleted on electronic pages only, no other deletions or changes
have been made to the document — 6/21/2012
ORDINANCE N0. CZOR00
AN ORDINANCE of the City of Kent,
Washington, relating to zoning and Hearing
Examiner decisions; repealing Kent City Code
Section 15.04.080; establishing Section
15.04.080 Planned Unit Development; and
amending Kent City Code Chapter 2.54 relating
to Hearing Examiner decisions regarding Planned
Unit Developments.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
,,)HEREBY ORDAIN AS FOLLOWS:
54,
I
a' Section 1. Repealer. Section 15.04.080, Kent City Code,
is here ty repealed.
O�a Section 2. A new Section, Section 15.04.080, Kent City
Code, is added as follows:
1
$� 15.04.080 Planned Unit Development (PUD).
33
General Purpose. The intent of the PUD is to create a
process to promote diversity and creativity in site design., and
protect and enhance natural and community features. The process
is provided to encourage unique developments which may combine a
mixture of residential, commercial, and industrial uses. By using
flexibility in the application of development standards, this
process will promote developments that will benefit citizens that
live and work within the City of Kent.
A. ZONING DISTRICTS WHERE PERMITTED. PUD's are permitted in all
zoning districts with the exception of the A-1 Agricultural zone.
B. PERMITTED USES
1. Principally Permitted Uses. The principally
permitted uses in PUD'S shall be the same as those permitted in
the underlying zoning classifications.
2. Conditional Uses. The conditional uses in PUD's
shall be the same as those permitted in the underlying zoning
classification. The conditional use permit review process may be
consolidated with that of the PUB pursuant to procedures specified
in section F below.
3. Accessory Uses. Accessory uses and buildings which
are customarily incidental and subordinate to a principally
permitted use are also permitted.
4. Exceptions.
a. In single family residential zoning districts
(RA and R1) attached side by side (not vertically stacked)
residential units may be permitted in a PUD.
b. In residential PUD's of ten (10) acres or more,
commercial uses may be permitted. Commercial uses shall be limited
to those uses permitted in the Neighborhood Convenience District.
C. DEVELOPMENT STANDARDS. The following development standards
are minimum requirements for a Planned Unit Development:
1. Minimum Lot Size - Exclusion. The minimum lot size
requirements of the districts outlined in the zoning code shall
not apply to PUD's.
2. Minimum Site Acreage. Minimum site acreage for a PUD
is established according to the zoning in which the PUD is
located, as follows:
Zones Minimum Site Acreage
RA - R1(7.2-20) 5 acres
Multifamily
(MRD, MRG, MRM, MRH) None
Commercial, Office and
Manufacturing Zones None
3. Minimum Perimeter Building Setback. The minimum
perimeter building setback of the underlying zone shall apply.
Multifamily Transition Area requirements shall apply to any
multifamily developments (15.08.215 Kent City Code), except where
specifically exempted by Administrative Design Review (15.09.045
Kent City Code). The Hearing Examiner may reduce building
separation requirements to the minimum required by Building and
Fire Departments according to criteria set forth in Section F.(1)
of this chapter. If an adjacent property is undevelopable under
the Kent City Zoning Code, the perimeter building setback
requirement may be waived by the Hearing Examiner.
4. Maximum Height Of Structures. The maximum height of
structures of the underlying zone shall apply. Multifamily
Transition Area requirements shall apply to any multifamily
developments (15.08.215 Kent City Code), except where specifically
exempted by Administrative Design Review (15.09.045 Kent City
Code). The Hearing Examiner may authorize additional height in
CC, GC, DC, CM, M1, M2, and M3 zones where proposed development in
the PUD is compatible with the scale and character of adjacent
existing developments.
5. Open Space. The standard set forth herein shall
apply to PUD residential developments only. Each PUD shall
provide a minimum of 35 percent of the total site area for common
open space. In mixed-use PUD's containing residential uses,
thirty-five (35) percent of the area used for residential use
shall be reserved as open space.
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For the purpose of this section, open space shall be
defined as land which is not used for buildings, dedicated public
right-of-ways, traffic circulation and roads, parking areas, or
any kind of storage. Open space includes but is not limited to:
privately owned woodlands, open fields, streams, wetlands, severe
development areas, sidewalks, walkways, landscaped areas, gardens,
court yards, or lawns. Common open space may provide for either
active or passive recreation.
Open space within a PUD shall be available for common use
by the residents, tenants and/or the general public, depending on
the type of project.
6. Streets. If streets within the development are
required to be dedicated to the City for public use, such streets
shall be designed in accordance with the standards outlined in the
Kent Subdivision Code and other appropriate City standards. If
streets within the development are to remain in private ownership
and remain as private streets, the following standards shall apply:
a. Minimum Private Street Pavement Widths For
Parallel Parking In Residential Planned Unit Development's
The above minimum widths may be modified upon review
and approval by the Kent Fire Chief and the Kent Traffic Engineer
providing they are sufficient to maintain emergency access and
traffic safety. A maintenance agreement for private streets
within a PUD shall be required by the Hearing Examiner as a
condition of PUB approval.
b. Vehicle Parking Areas. Adequate vehicular
parking areas shall be provided. The required number of parking
spaces may vary from the requirements of Kent City Code 15.05 and
shall be approved by the Hearing Examiner based upon a parking
need assessment study submitted by the applicant and approved by
the Planning Director. Vehicular parking areas may be provided by
on -street parking and/or off-street parking lots. The design of
such parking areas shall be in accordance with the standards
outlined in Chapter 15.05, Kent City Code
C. One -Way Streets. One -Way loop streets shall be
no more than 1,500 feet long.
d. On -Street Parking. On -street parking shall be
permitted. Privately owned and maintained "no parking"' and/or
"fire lane" signs may be required as determined by the Kent
Traffic Engineer and Kent Fire Department Chief.
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No
Parking
Parking
Parking
One Side
Both Sides
(Feet)
(Feet)
(Feet)
One -Way
Streets
20
29
38
Two -Way
Streets
22
31
40
The above minimum widths may be modified upon review
and approval by the Kent Fire Chief and the Kent Traffic Engineer
providing they are sufficient to maintain emergency access and
traffic safety. A maintenance agreement for private streets
within a PUD shall be required by the Hearing Examiner as a
condition of PUB approval.
b. Vehicle Parking Areas. Adequate vehicular
parking areas shall be provided. The required number of parking
spaces may vary from the requirements of Kent City Code 15.05 and
shall be approved by the Hearing Examiner based upon a parking
need assessment study submitted by the applicant and approved by
the Planning Director. Vehicular parking areas may be provided by
on -street parking and/or off-street parking lots. The design of
such parking areas shall be in accordance with the standards
outlined in Chapter 15.05, Kent City Code
C. One -Way Streets. One -Way loop streets shall be
no more than 1,500 feet long.
d. On -Street Parking. On -street parking shall be
permitted. Privately owned and maintained "no parking"' and/or
"fire lane" signs may be required as determined by the Kent
Traffic Engineer and Kent Fire Department Chief.
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7. Pedestrian Walkways. Pedestrian walkways shall be
constructed of material deemed to be an "all weather surface" by
the Public Works Director and Planning Director.
8. Landscaping.
a. Minimum perimeter landscaping of the underlying
zone shall apply. Additional landscaping shall be required as
provided in Chapter 15.07 and 15.08.215 of the Kent City Code.
b. All PUD developments shall ensure that parking
areas are integrated with the landscaping system and provide
screening of vehicles from view from public streets. Parking
areas shall be conveniently located to buildings and streets while
providing for landscaping adjacent to buildings and pedestrian
access.
C. Solid waste collection areas and waste
reduction/recycling collection areas shall be conveniently and
safely located for on-site use and collection, and attractively
site screened.
9. Signs. The sign regulations of Chapter 15.06, Kent
City Code shall apply.
10. Platting. If portions of the PUD are to be
subdivided for sale or lease, the procedures of the Kent
Subdivision Code as amended shall apply. Specific development
standards (lot size, street design, etc.) shall be provided as
outlined in Kent City Code Section 15.04.080 E.
11. Green River Corridor. Any development located
within the Green River Corridor Special Interest District shall
adhere to the Green River Corridor Special Interest District
Regulations.
12. View Regulation. View regulations as specified in
Kent City Code 15.08.060 shall apply to all PUD's.
13. Shoreline Master Program. Any development located
within 200 feet of the Green River shall adhere to Kent Shoreline
Management regulations.
D. DENSITY BONUS STANDARDS. The density of residential
development for PUD's shall be based on the gross density of the
underlying zoning district.
The Hearing Examiner may recommend a dwelling unit
density not more than twenty (20) percent greater than permitted
by the underlying zone upon findings and conclusions that the
amenities or design features which promote the purposes of this
section, as listed below, are provided:
1. men Space. A four (4) percent density bonus may be
authorized if at least ten (10) percent of the open space is in
concentrated areas for passive use. Open space shall include
significant natural features of the site, including but not
limited to fields, woodlands, watercourses, permanent and
seasonally wetlands. Excluded from the open space definition are
the areas within the building footprints, land used for parking,
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vehicular circulation, right-of-ways and areas used for any kind
of storage.
2. Active Recreation Areas. A four (4) percent density
bonus may be authorized if at least ten (10) percent of the site
is utilized for active recreational purposes, including but not
limited to jogging/walking trails, pools, children's play areas,
etc.
Only that percentage of space contained within accessory
structures that is directly used for active recreation purposes
can be included in the ten (10) percent active recreation
requirement.
3. Storm Water Drainage. A two (2) percent density
bonus may be authorized if storm water drainage control is
accomplished using natural on-site drainage features. Natural
drainage feature many include streams, creeks, ponds, etc.
4. Native Vegetation. A four (4) percent density bonus
may be authorized if at least fifteen (15) percent of the native
vegetation on the site is left undisturbed in large open areas.
5. Parking Lot Size. A two (2) percent density bonus
may be authorized if off-street parking is grouped in areas of
sixteen (16) stalls or less. Parking areas must be separated from
other parking areas or buildings by significant landscaping in
excess of Type V standards as provided in Section 15.05.070, Kent
City Code At least fifty (50) percent of these parking areas must
be designed as outlined above to receive the density bonus.
6. Mixed Housing Types. A two (2) percent density
bonus may be authorized if a development features a mix of
residential housing types. Single family residences, attached
single units, condominiums, apartments, and townhomes are examples
of housing types. The mix need not include some of every type.
7. Project Planning/Management. A two (2) percent
density bonus may be granted if a design/development team is
used. Such a team would include a mixture of architects,
engineers, landscape architects, and designers. A
design/development team is likely to produce a professional
development concept that would be consistent with the purpose of
the regulations.
These standards are thresholds, and partial credit is not
given for partial attainment. The site plan must at least meet
the threshold level of each bonus standard in order for density
bonuses to be given for that standard.
E. APPLICATION PROCESS. The application process includes the
following steps: informal review process, State Environmental
Policy Act, community information meeting, development plan
review, and public hearing before the hearing examiner.
1. Informal Review Process. An applicant shall meet
informally with the Planning Department at the earliest possible
date to discuss the proposed PUD. The purpose of this meeting is
to develop a project that will meet the needs of the applicant and
the objectives of the city as defined in this ordinance.
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2. SEPA. The State Environmental Policy Act,
regulations, and City SEPA requirements shall be completed prior
to development plan review.
3. Development Plan Review. After informal review and
completion of the SEPA process, a proposal shall next be reviewed
by City staff through the development plan review process.
Comments received by the project developer under the development
review process shall be used to formalize the proposed development
prior to being presented at a public hearing before the Hearing
Examiner.
4. Community Information Meeting.
a. A community information meeting shall be
required for any proposed PUD located in a residential zone or
within 200 feet of a residential zone. At this meeting the
applicant shall present the development proposed to interested
residents. Issues raised at the meeting may be used to refine the
PUB plan.
Notice shall be given in at least one (1)
publication in the local newspaper at least ten (10) days prior to
the public hearing. Written notice shall be mailed first class to
all property owners within a radius of not less than two hundred
(200) feet of the exterior boundaries of the property being
subject to the application. Any alleged failure of any property
owner to actually receive said notice of hearing shall not
invalidate the proceedings.
b. Non-residential PUD's not located within 200
feet of a residential zone shall not require a community
information meeting.
5. Public Notice And Hearing Examiner Public Hearing.
The Hearing Examiner shall hold at least one 1 public hearing on
the proposed PUD and shall give notice thereof in at least one (1)
publication in the local newspaper at least ten (10) days prior to
the public hearing. Written notice shall be mailed first class to
all property owners within a radius of not less than two hundred
(200) feet of the exterior boundaries of the property being
subject to the application. Any alleged failure of any property
owner to actually receive said notice of hearing shall not
invalidate the proceedings.
6. Consolidation Of Land Use Permit Processes. The PUD
approval process may be used to consolidate other land use permit
processes which are required by other sections of this code. The
public hearing required for the PUD may serve as the public
hearing for conditional use permit, subdivision, shoreline
substantial development, and/or rezoning if such land use permits
are a part of the overall PUD application. When another land use
permit is involved which requires City Council approval, the PUD
shall not be deemed to be approved until the City Council has
approved the related land use permit. In the event that at a
public hearing is required for any of the above categories of
actions, the Hearing Examiner shall employ the public hearing
notice requirements for all actions considered which ensures the
maximum notice to the public.
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7. Hearing Examiner Decision. The Hearing Examiner
shall issue a written decision within fourteen (14) days from the
date of the hearing. Parties of record will be notified in
writing of the decision. The decision is final unless notice of
appeal is filed with the City Clerk within fourteen (14) days of
receipt by the developer of the decision.
8. Effective Date. In approving a PUD, the Hearing
Examiner shall specify that the approved PUD shall not take effect
unless or until the developer files a completed development permit
application within the time periods required by the Kent City Code
as set forth in Section 6 below. No official map or zoning text
designations shall be amended to reflect the approved PUD
designation until such time as the PUD becomes effective.
F. REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT. Upon receipt of
a complete application, as determined by the Planning Director,
for a residential PUD, the Planning Department shall review the
application and make its recommendation to the Hearing Examiner.
The Hearing Examiner shall determine whether to grant, deny or
condition an application based upon the following review criteria:
1. Residential Planned Unit Development Criteria
a. The proposed PUD project shall have a beneficial
effect upon the community and users of the development which would
not normally be achieved by traditional lot -by -lot development and
shall not be detrimental to existing or potential surrounding land
uses as defined by the Comprehensive Plan.
b. Unusual environmental features of the site shall
be preserved, maintained and incorporated into the design to
benefit the development and the community.
C. The proposed PUD project shall provide areas of
openness by using techniques such as clustering, separation of
building groups, and use of well-designed open space and/or
landscaping.
d. The proposed PUD project shall promote variety
and innovation in site and building design. Buildings in groups
shall be related by common materials and roof styles, but contrast
shall be provided throughout the site by the use of varied
materials, architectural detailing, building scale and orientation.
e. Building design shall be based on a unified
design concept, particularly when construction will be in phases.
2. Non -Residential Planned Unit Development Criteria
a. The proposed project shall have a beneficial
effect which would not normally be achieved by traditional
lot -by -lot development and not be detrimental to present or
potential surrounding land uses as defined by the Comprehensive
plan.
b. Unusual environmental features of the site shall
be preserved, maintained and incorporated into the design to
benefit the development and the community.
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C. The proposed project shall provide areas of
openness by the clustering of buildings, and by the use of
well-designed landscaping and open spaces. Landscaping shall
promote a coordinated appearance and break up continuous expanses
of building and pavement.
d. The proposed project shall promote variety and
innovation in site and building design. It shall encourage the
incorporation of special design features such as visitor
entrances, plazas, outdoor employee lunch and/or recreation areas,
architectural focal points and accent lighting.
e. Building design shall be based on a unified
design concept, particularly when construction will be in phases.
G. TIME LIMITS.
1. Application For Development Permit. The applicant
shall apply for a development permit no later than. one (1) year
following final approval of the PUD. The application for
development permit shall contain all conditions of the PUD
approval.
2. Extensions. An extension of time for development
permit application may be requested in writing by the applicant.
Such an extension may be granted by the Planning Director for a
period not to exceed one (1) year. If a development permit is not
issued within one year (or eighteen months, including extension)
the PUD approval shall become null and void and the PUD shall not
take effect.
H. Modifications Of The Plan. Requests for
modifications of final approved plans shall be made in writing and
shall be submitted to the Planning Department in the manner and
form prescribed by the Planning Director. The criteria for
approval of a request for a major modification shall be those
criteria covering original approval of the permit which is the
subject of the proposed modification.
1. Minor Modifications. Modifications are deemed minor
if the following criteria are satisfied:
(a) No new land use is proposed; and
(b) No increase in density, number of dwelling units or
lots id proposed; and
(c) No changes in the general location or number of
access points is proposed; and
(d) No reduction in the amount of open space is
proposed; and
(e) No reduction in the amount of parking is proposed;
and
(f) No increase in the total square footage of
structures to be developed is proposed; and
=:=
(g) No increase in general height of structures is
proposed.
Examples of minor modifications include but are not
limited to lot line adjustments, minor relocations of buildings or
landscaped areas, minor changes in phasing and timing, and minor
changes is elevations of buildings.
2. Major Modifications. Major adjustments are those
which, as determined by the Planning Director, substantially
charge the basic design, density, open space or other similar
requirements or provisions. Major adjustments to the development
plans shall be reviewed by the Hearing Examiner. The Hearing
Examiner may review such adjustments at a regular public hearing.
If a public hearing is held, the process outlined in Kent City
Code 15.04.080.F. shall apply. The Hearing Examiner shall issue a
written decision to approve, deny, or modify the request. Such a
decision shall be final. The decision may be appealed to the City
Council by the filing of written notice of appeal with the City
Clerk within fourteen (14) days of the date of the Developer's
receipt of the Hearing Examiners decision.
follows:
Section 3. Kent City Code Chapter 2.54 is amended as
CHAPTER 2.54
LAND USE HEARING EXAMINER
2.54.010. TITLE. This Chapter shall be hereinafter
known as the "Land Use Hearing Examiner Ordinance" or "Hearing
Examiner," may be cited as such, will be hereinafter referred to
as "this Chapter" and the same shall be and constitute a new
section of Chapter 2 of the Kent City Code. (0.2233, §1)
2.54.020. GENERAL OBJECTIVES. It is the general
objective of this Chapter to:
A. Provide a single, efficient, integrated land use
regulatory hearing system;
B. Render land use regulatory decisions and recommenda-
tions to the City Council;
C. Provide a greater degree of due process in land use
regulatory hearings;
D. Separate the land use policy formulation and the
land use policy administration processes. (0.2233, §2)
2.54.030. CREATION OF LAND USE HEARING EXAMINER. The
office of the Land Use Hearing Examiner, hereinafter referred to
as Examiner, is created. The Examiner shall interpret, review,
and implement land use regulations as provided in this Chapter and
other ordinances. The term Examiner shall likewise include the
Examiner Pro Tem. (0.2233, §3)
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2.54.040. APPOINTMENT AND TERMS. The Hearing Examiner
and Examiner Pro Tem shall be appointed by the City Administrator
and shall serve at the pleasure of the City Administrator.
(0.2233, §4)
2.54.050. COMPENSATION. The Examiner and Examiner Pro
Tem may, at the discretion of the City Council, be classified as
permanent part-time employees, or the City may contract with the
Examiner and Examiner Pro Tem for the performance of duties
described in this Chapter. The compensation to be paid the
Examiner and Examiner Pro Tem shall be that established in the
annual City budget. (0.2233, §5)
2.54.060. QUALIFICATIONS. The Examiner and Examiner Pro
Tem shall be appointed solely with regard to their qualifications
for the duties of the office which shall include, but not be
limited to, persons with appropriate educational experience, such
as an urban planner, or public administrator, with at least five
years' experience, persons who have extensive experience in plan-
ning work in a responsible capacity, and persons with legal expe-
rience, particularly where the experience is in the area of land
use management of administrative law. (0.2233, §6)
2.54.070. EXAMINER PRO TEM --QUALIFICATIONS AND DUTIES.
The Examiner Pro Tem shall, in the event of the absence or the
inability of the Examiner to act, have all the duties and powers
of the Examiner. (0.2233, §7)
2.54.080. HEARING EXAMINER--CCNFLICT OF INTEREST AND
FREEDCM FROM IMPROPER INFLUENCE. The Examiner shall not conduct
or participate in any hearing or decision in which the Examiner
has a direct or indirect personal interest which might exert such
influence upon the Examiner that might interfere with his or her
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 Examiner free from
personal interest or prehearing contacts on land use regulatory
matters considered by him or her. 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 Examiner's 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
Examiner. (0.2233, §8)
2.54.090. FREEDOM FROM IMPROPFR INFLUENCE. No Council
member, City official, or any other person shall attempt to inter-
fere with, or improperly influence the Examiner in the performance
of his or her designated duties. (0.2233, §9)
2.54.100. DUTIES OF THE EXAMINER.
A. Applications. The Examiner shall receive and
examine available information, conduct public hearings, prepare a
record thereof, and enter findings of fact and conclusions based
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upon those facts, which conclusions shall represent the final
action on the application, unless appealed, as hereinbelow
specified, for the following types of applications:
1. Conditional use permits;
2. Shoreline permits;
3. Sign variances.;
4. Planned unit developments.
The Examiner 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 to the City Council,
for the following applications:
a. Rezones;
b. Preliminary plats;
e. P4assed-un4t-deyelepmests;
d. Special use combining districts, including
mobile home park combining districts.
e. Initial zoning designations for annexed
areas or zoning designations for proposed annexations to become
effective upon annexation.
The Examiner shall also conduct public hearings when
required under the provisions of the State Environmental Policy
Act; conduct public hearings relative to possible revocation of
any conditional use permit; conduct such other hearings as the
Council may from time to time deem appropriate.
B. Recommendation or Decision.
1. The Examiner's recommendation or decision may
be to grant or deny the application, or the Examiner may recommend
or require of the applicant such conditions, modifications and
restrictions as the Examiner finds necessary to make the applica-
tion compatible with its environment and carry out the objectives
and goals of the comprehensive plan, the zoning code, the sub-
division code, and other codes and ordinances of the City. Condi-
tions, 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 dedica-
tions of additional roads rights-of-way. Performance bonds may be
re -required to insure compliance with conditions, modifications
and restrictions.
2. In regard to applications for rezones,
preliminary and final plat approval, PHB1s and special use
combining districts the Examiner's findings and conclusions shall
be submitted to the City Council, which shall have the final
authority to act on such applications. The hearing by the
Examiner shall constitute the hearing by the City Council.
(0.2469, §2)
2.54.110. APPLICATIONS. Applications for all matters to
be heard by the Examiner shall be presented to the Planning
Department. When it is found an application meets the filing
,requirements of the Planning Department, it shall be accepted.
The department shall be responsible for assigning a date of public
hearing for each application which date shall not be more than one
hundred days after the applicant has complied with all require-
ments and furnished all necessary data for the Planning
Department. (0.2233, §11)
2.54.120. REPORT BY PLANNING DEPARTMENT. Department
shall coordinate and assemble the comments and recommendations of
other City departments and governmental agencies having an
interest in the subject application and shall prepare a report
summarizing the factors involved and the Planning Department
findings and supportive recommendations. At least seven calendar
days prior to the scheduled hearing, the report shall be filed
with the Examiner and copies thereof shall be mailed to the
applicant and shall be made available for use by any interested
party for the cost of reproduction. (0.2233, §12)
2.54.130. PUBLIC HEARING. Before rendering a decision
or recommendation on any application, the Examiner shall hold at
least one public hearing thereon.
Notice of the time and place of the public hearing shall
be given as provided in the ordinance governing the application.
If none is specifically set forth, such notice shall be given at
least ten days prior to such hearing.
The Examiner shall have the power to prescribe rules and
regulations for the conduct of hearings under this Chapter and
also to administer oaths, and preserve order. (0.2233, §13)
2.54.140. EXAMINER'S DECISION AND
RECOMMENDATION --FINDINGS REQUIRED. When the Examiner renders a
decision or recommendation, the Examiner shall make and enter
written findings from the record and conclusions therefrom which
support such decision, which decision shall be rendered within
fourteen calendar days of the conclusion of the hearing. The copy
of such decision including findings and conclusions, shall be
transmitted by certified mail, return receipt requested, to the
applicant and other parties of record in the case requesting the
same.
In the case of applications requiring Council approval,
the Examiner shall file a decision 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. (0.2233, §14)
2.54.150. RECONSIDERATION. Any aggrieved person feeling
that the decision of the Examiner is based on erroneous proce-
dures, 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 for reconsideration by
the Examiner within fourteen days of the date the decision is
rendered. This request shall set forth the specific errors or new
information relied upon by such appellant, and the Examiner may,
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after review of the record, take further action as he or she deems
proper. (0.2233, §15)
2.54.160. APPEAL OF EXAMINER'S DECISION. Any party who
feels aggrieved by the Examiner's decision may submit an appeal in
writing to the Council within fourteen calendar days from the date
the final decision of the Examiner is rendered, requesting a
review of such decision.
Such appeal shall be upon the record, established and
made at the hearing held by the Examiner, provided that new
evidence which was not available at the time of the hearing held
by the Examiner may be included in such appeal. The term "new
evidence" shall mean only evidence discovered after the hearing
held by the Examiner 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 Examiner.
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
accordance with appeal procedures adopted by the City Council by
resolution. If the Examiner 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.
(0.2233, §16)
2.54.170. COUNCIL ACTION. Any application 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 therefrom which support its
action. The City Council may adopt all or portions of the
Examiner's findings and conclusions.
In the case of an ordinance for rezone of property, the
ordinance shall not be placed on the Council's agenda until all
conditions, restrictions, or modifications which may have been
stipulated by the Council have been accomplished or provisions for
compliance made to the satisfaction of the Legal Department.
The action of the Council, approving, modifying, or
rejecting a decision of the Examiner, shall be final and conclu-
sive, 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. (0.2233, §17)
2.54.180. CITY ADMINISTRATIVE STAFF TO BE CONSIDERED A
"PERSON" OR "PARTY." For the purpose of Sections 2.54.60 and
2.54.64, the City's administrative staff shall be considered a
"Person" and/or "party" and shall have the same rights as any
other person or party to make requests for reconsideration by the
Hearing Examiner or to appeal decisions of the Hearing Examiner to
the City Council. (0.2302, §1)
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Section 4. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 5. 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 JENSEIKA
ITY C ERK =
APPROVED AS TO FORM:
SCOLL, = ATTORNEY
PASSED the day of , 1988.
APPROVED the day of `( , 1988.
PUBLISHED the day of el , 1988.
I hereby certify that this is a true copy of Ordinance
No. ;;Z-7 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
6040-220
(SEAL)
MARIE JENS ,CITY CLERK
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