HomeMy WebLinkAbout3605ORDINANCE NO. SG05-
AN ORDINANCE of the City Council of
the City of Kent, Washington, relating to and
implementing comprehensive plan and zoning
designations for the DeMarco Annexation
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 231st, 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, the City's Planning staff began work on the comprehensive
plan and zoning designation for the Annexation Area, as outlined in Section 15 09 055
of the Kent Zoning Code, and
1 DeMarco Annexation Comprehensive Plan
and Zoning Designations
WHEREAS, the Land Use and Planning Board, prior to making a
recommendation to the City Council, conducted a public hearing on May 21, 2001, to
take public testimony on amendments to the comprehensive plan and zoning map for the
Annexation Area, and
WHEREAS, the City Council held two public hearings on the
comprehensive plan and zoning designation for the Annexation Area, the first public
hearing was held on July 17, 2001, and the second public hearing was held on August 21,
2001, 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 further
adopted zoning of Single Family Residential (SR -6) and Single Family Residential (SR -
4 5) for the Annexation area, and
WHEREAS, the Washington State Environmental Policy Act (SEPA)
requires that comprehensive plans be reviewed as to their potential environmental impact,
and that on May 23, 2001, the City of Kent issued an Addendum to the Environmental
Impact Statement that was prepared for the Kent Comprehensive Plan, and that this
Addendum analyzed the comprehensive plan and zoning designations inclusive of those
adopted by the City Council on September 18, 2001, 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 No 3572, and
2 DeMarco Annexation Comprehensive Plan
and Zoning Designations
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
No 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
36 70A 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, interum 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,
11, 2001, and
WHEREAS, Ordinance No 3572 was repealed in its entirety on December
WHEREAS, the Land Use and Planning Board conducted a public hearing
on March 11, 2002, to take public testimony on amendments to the comprehensive plan
and zoning map for the Annexation Area, and
WHEREAS, the City Council held two public hearings on the
comprehensive plan and zoning designation for the Annexation Area, the first public
hearing was held on April 2, 2002, and the second public hearing was held on May 7, 2002,
and
WHEREAS, during the May 7, 2002, meeting the City Council adopted
comprehensive plan designations of Single Family Residential, 6 units per acre (SF -6) and
Neighborhood Services for the Annexation Area, as depicted in Exhibit "A" attached, and
3 DeMarco Annexation Comprehensive Plan
and Zoning Designations
WHEREAS, during the May 7, 2002, meeting the City Council adopted
zoning designations of Single Family Residential (SR -6) and Neighborhood Convenience
Commercial for the Annexation Area, as depicted in Exhibit `B" attached hereto, and
WHEREAS, the Washington State Environmental Policy Act (SEPA)
requires that comprehensive plans be reviewed as to their potential environmental impact,
and on March 4, 2002, the City of Kent issued a Revised Environmental Impact
Statement Addendum (Revised Addendum), and this Revised Addendum analyzed the
comprehensive plan and zoning designations inclusive of those adopted by the City
Council on May 7, 2002, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Pursuant to Chapter 12 02 of the Kent City Code and RCW
36.70A.130, the comprehensive plan designations of Single Family Residential, 6 units
per acre (SR -6) and Neighborhood Services for the area known as the DeMarco
Annexation area shall be established as outlined in Exhibit A attached hereto and
incorporated herein by reference.
SECTION2. Pursuant to Kent City Code Section 15 09.055 and the laws
of the State of Washington, the zoning designations of Single Family Residential (SR -6)
and Neighborhood Convenience Commercial District (NCC) for the area known as the
DeMarco Annexation area shall be established as outlined in Exhibit B attached hereto
and incorporated herein by this reference
4 DeMarco Annexation Comprehensive Plan
and Zoning Designations
SECTIONS. Severabdity 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 4. Effective Date This Ordinance shall take effect and be in
force thirty (30) days from the time of its final approval and passage as provided by law
ATTEST
r , CITY CLERK
�'idM� J/IWwon S� /lCfin�
APPROVED AS TO
5
DeMarco Annexation Comprehensive Plan
and Zoning Designations
PASSED day of 2002
APPROVED day of , 2002
PUBLISHED• 2S day of 2002
I hereby certify that this is a true copy of Ordinance No,340S 'passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated
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CITY CLERK
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6 DeMarco Annexation Comprehensive Plan
and Zoning Designations
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Return Address.
Atlas: City Clerk
City of Kent
220 Fourth Ave S
Kent, WA 98032
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3605 relating to and implementing
comprehensive plan and zoning designations for the DeMarco
Annexation.
Reference Number(s): N/A
Grantor(s): N/A
Grantee(s): N/A
Abbreviated Legal Description: Ptn of N Ys of 21-22-5 plat of Winsberg Haven, recorded
Vol. 157 plats, pages 12-15 and the plat of Terra
Heights, recorded Vol. 125, pages 7-9; and Ptn of S Y2
of 16-22-5 recorded
Assessor's Property Tax Parcel/Account Number(s): -- N/A