HomeMy WebLinkAbout3581Ordinance No. 3581
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repeals Ord. 3572
ORDINANCE NO. 36001
AN ORDINANCE of the City Council of the City
of Kent, Washington, repealing Ordinance 3572 regarding
comprehensive plan and zoning designations for the
DeMarco Annexation area and reverting to the previous
King County Comprehensive Plan designations and a
zoning designation of Single Family Residential (SR -2)
WHEREAS, on June 19, 2001, the Kent City Council adopted
Ordinance No 3562, effective on July 1, 2001, approving the annexation of the
DeMarco Annexation (the "Annexation Area") into the City of Kent, and
WHEREAS, the Annexation Area is approximately 266 acres of land
contiguous with the City's existing boundary, and is generally bound on the west by
116th Avenue SE, on the east by 132nd Avenue SE, on the north by SE 231 st, and on
the south by SE 240th, and is more particularly described in Exhibit A and B to this
ordinance, and
WHEREAS, the comprehensive plan designation for the Annexation
Area is an issue of community -wide significance that promotes the public health,
safety, and general welfare of the citizens of Kent, and
WHEREAS, during the September 18, 2001 meeting, the City Council
adopted Ordinance number 3572 which adopted a comprehensive plan designation of
Single Family Residential, 6 units per acre (SF -6) for the Annexation area and 5xrther
1 Repeat Ordinance No. 3572 -
DeMarco Annexation
adopted zoning of Single Family Residential (SR -6) and Single Family Residential
(SR -4 5) for the Annexation area, and
WHEREAS, on September 25, 2001 there was filed Lotto and Toppano
v City of Kent in King County Superior Court, cause number 01-2-26006-5 KNT,
which included allegations of procedural defects in the City's public process used to
adopt Ordinance number 3572, and
WHEREAS, on October 25, 2001, there was filed Lotto and Toppano v
City of Kent before the Central Puget Sound Growth Management Hearings Board case
number 01-3-0024, which included allegations of procedural defects in the City's
public process used to adopt Ordinance number 3572 in violation of the requirements
of Chapter 35 70 RCW, the Growth Management Act; and
WHEREAS, in accordance with RCW 36 70A 130(2)(b) and in
consideration of the Superior Court and Growth Management Hearings Board causes
of action being dismissed, the City Council on November 20, 2001 authorized
execution of stipulations or agreements whereby Ordinance No. 3572 would be
repealed, interim zoning of SR -2 would be adopted, and an appropriate public process
would be followed to reconsider and adopt comprehensive plan and zoning
designations for the annexation area, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION I. Ordinance No 3572 is hereby repealed in its entirety
SECTION 2. In accordance with section 15 03 020(E) of the Kent City
Code, the annexation area shall revert to interim zoning of Single -Family residential
(SR -2), as seen on Attachment "A "
2 Repeal Ordinance No. 3572 -
DeMarco Annexation
SECTION 3. The comprehensive plan designation for the annexation
area shall revert to the previous designations of
King County urban residential 4-12 units per acre
King County urban residential 12 plus units per acre
(SF -6) Single Family Residential, 6 units per acre
as seen on Attachment 'B"
SECTION 4. The interim zoning and comprehensive plan designations
set forth above shall remain in effect until the City Council adopts an ordinance
establishing new comprehensive plan and zoning designations for the annexation area
SECTION 5. — Severabihty If any one or more section, 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 flus ordinance and the same
shall remain in full force and effect
SECTION 6. — Effective Date This ordinance shall take effect and be
in force five (5) days from and after passage and publication as provided by law
ATTEST
BRENDA JACOBER,( .
JIMITE, MAYOR
3 Repeal Ordinance No. 3572 -
DeMarco Annexation
I APPROVED AS TO FORM
LUBOVICH, CITY
PASSED day ofh�S/Gf Ge—rn��" 2001
APPROVED �� dayof ®C1L�E_Ce r�iyv 2001
PUBLISHED /S dayof rn Gew 2001
I hereby certify that this is a true copy of Ordinance No -35,F1 passed by
the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated
P\Crvd\Ordmmnc eMemoAnnexalmn-Repc13573 doc
4 Repeal Ordinance No. 3572 -
DeMarco Annexation
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