HomeMy WebLinkAbout3611ORDINANCE NO, 3 b / l
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to and
implementing comprehensive plan and zoning
designations for the property designated Agricultural
(A-1), Agricultural General (AG), and Medium
Density Multifamily Residential (MR -M) on the
City's valley floor
WHEREAS, the Washington State Growth Management Act requires
internal consistency among comprehensive plan and zoning elements, and
WHEREAS, on November 6, 2000, and December 11, 2000, the City
Council Planning Committee discussed the existing policies related to agricultural
lands and on December 11, 2000, moved to direct staff to analyze the City's policies
on property designated Agricultural (A-1) and Agricultural General (AG) on the
City's valley floor (hereafter referred to as the "study area"), and
WHEREAS, on May 1, 2001, the City Council passed Resolution No
1587 providing that revisions of policies related to agricultural lands as part of the
City of Kent Comprehensive Plan constitute an issue of community -wide
significance that promotes the public health, safety, and general welfare in
accordance with the definition of an emergency set forth in Chapter 12 02 of the
Kent City Code, and
1 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
WHEREAS, by letter dated September 18, 2001, the Washington
State Department of Community, Trade and Economic Development was notified of
the City's declared emergency to pursue amendments to the Kent Comprehensive
Plan and Zoning Text and Maps regarding agricultural lands; and
WHEREAS, City staff divided the study area into three (3)
components the southern area as depicted in Exhibit A attached, the central area as
depicted in Exhibit B attached, and the northern area as depicted in Exhibit C
attached; and
WHEREAS, on March 28, 2001, City staff invited all property
owners in the study area to an open house and sought their comments on existing
and future land use policies for the study area; and
WHEREAS, the Land Use and Planning Board held workshops on the
following dates in order to analyze the issues related to the study area March 12,
2001, April 23, 2001, May 14, 2001; June 11, 2001, July 9, 2001, August 13, 2001,
October 22, 2001, January 15, 2002, January 28, 2002; and February 25, 2002, and
WHEREAS, the Land Use and Planning Board held public hearings
on the following dates in order to hear public testimony on the issues relating to the
study area September 24, 2001, October 8, 2001, February 11, 2002, and March 25,
2002, and
WHEREAS, on March 25, 2002, the Land Use and Planning Board
made a recommendation to the City Council regarding the comprehensive plan and
zomng code map, text, and use amendments related to the study area; and
2 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
WHEREAS, on January, 15, 2002, and April 2, 2002, the City
Council held workshops on the issues related to the study area, and on April 16,
2002, the City Council referred the issue to the Planning Committee, and
WHEREAS, the Planning Committee discussed the Land Use and
Planning Board's recommendation and other related study area issues at meetings on
May 7, 2002, and May 21, 2002, referring the matter to the Planning Services Office
for further consideration of issues related to the study area, and
WHEREAS, the Planning Committee further discussed the Land Use
and Planning Board's recommendation and other related study area issues at a
meeting on June 4, 2002, and
WHEREAS, on June 18, 2002, the City Council held a workshop on
the issues related to the study area and referred the issues to the Planning
Committee, and
WHEREAS, on July 9, 2002, the Planning Committee recommended
to the City Council that the Land Use and Planning Board's recommendation be
accepted in part and modified in part; and
WHEREAS, during the July 16, 2002, meeting, the City Council
adopted the changes to the comprehensive plan and zoning code designations for the
southern study area as depicted in Exhibit A, which is attached and incorporated by
this reference, based on the following findings:
1 The changes to the comprehensive plan designations in Exhibit A are
consistent with the standards of review for comprehensive plan amendments
outlined in Section 12 02.050 of the Kent City Code,
3 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
2. The changes to the zoning code designations in Exhibit A are consistent
with the standards of review for zoning amendments in Section 15 09.050(C),
3 The southern study area is located within the urban growth area of the
City of Kent,
4 The majority of the real property currently zoned Agricultural, one (1)
unit per acre (A-1) with King County tax parcel number 3522049001 has been used
for a dairy processing plant causing the property to not be compatible with an
agricultural resource land designation and an agricultural zoning designation,
5 The real property currently zoned Agricultural, one (1) unit per acre (A-
1) with King County tax parcel number 2422049089 has had its development rights
purchased by King County as part of the King County Farmland Preservation
Program and will have consistent land use designations by amending the
comprehensive plan designation to Agricultural Resource Land and the zoning
designation from Agricultural, one (1) unit per acre (A-1) to Agricultural, one (1)
unit per ten (10) acres (A-10), and
WHEREAS, during the July 16, 2002, meeting the City Council
adopted changes to the comprehensive plan and zoning code designations for the
central study area from Agricultural (A-1) to Single Family one (1) unit per acre
(SR -1), and from Medium Density Multifamily Residential (MR -M) to Single
Family one (1) unit per acre (SR -1) as depicted in Exhibit B, which is attached and
incorporated by this reference, based on the following findings
1 The changes to the comprehensive plan designations in Exhibit B are
consistent with the standards of review for comprehensive plan amendments
outlined in Section 12 02 050 of the Kent City Code,
2 The changes to the zoning code designations in Exhibit B are consistent
with the standards of review for zoning amendments in Section 15.09.050(C),
4 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
3. The central study area is located within the urban growth area of the
City of Kent;
4 Testimony has shown that the markets relied on by the farmers and
necessary to support long-term commercially significant agricultural production will
no longer be available for the products produced due to a consolidation of the
wholesale purchasers outside of Washington State and a change from regional to
global purchasing,
5 The central study area is not supported nearby with agricultural support
services necessary to sustain long-term commercially sigmficant agricultural
production,
6 The system of roadways currently existing in the central study area
make difficult the movement of farm equipment necessary for long-term
commercially significant agricultural production,
7 The use of King County tax parcel numbers 2322049010 and
2322049009 as a golf course is incompatible with agricultural resource lands,
8 The use of King County tax parcel numbers 2222049006, 0002000021,
2322049064, and 2322049072 as parks is incompatible with agricultural resource
lands,
9 The use of King County tax parcel numbers 0002000010, 0002000001,
0002000023, and 0002000003 as the City of Seattle's Public Utility/Solid Waste
Division water quality detention pond is incompatible with agricultural resource
lands,
10 The central study area is isolated from other agricultural resource lands
m the Lower Green River Agricultural Production District,
11 The small size of the following King County tax parcels in the central
study area is incompatible with agricultural resource lands- 2222049037,
2222049052, 2222049056, 2222049048, 2222049174, and 2222049051,
5 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
12 The proximity of residential development to the northeast is
incompatible with agricultural resource lands;
13 The following King County tax parcel numbers can no longer sustain
long-term commercially significant agricultural production because they contain
wetlands that have remained fallow for a significant number of years so that draining
the wetlands and plowing the fallow fields cannot be done without the lengthy
process of obtaining a DA Army Corps of Engineers permit at significant expense.
0002000010, 0002000001, 0002000023, 0002000003, 0002000021, 2222049029,
2222049057, 2222049060, 2222049051, 2222049048, 2222049056, 2222049052,
2222049037, 2222049174, and 2222049030,
14 The value of the property in the central study area will be higher with
designations of Single Family one (1) unit per acre (SR -1),
15 The low density designation of Single Family one (1) unit per acre (SR -
1) is appropriate due to Frager Road's designation as a scenic and recreational road,
16 The low density designation of Single Family one (1) unit per acre (SR -
1) is appropriate due to the wetlands located on the following King County tax
parcels- 0002000010, 0002000001, 0002000023, 0002000003, 0002000021,
2222049029, 2222049057, 2222049060, 2222049051, 2222049032, 2222049048,
2222049056, 2222049052, 2222049030, 2222049037, 2222049174, 2322049010,
2322049064, and 2322049072,
17 The low density designation of Single Family one (1) unit per acre/SR-
1 is appropriate due to the Federal Emergency Management Agency's Flood
Insurance Rate Map Zone AE floodway designation on the following King County
tax parcels 0002000010, 0002000001, 0002000023, 0002000003, 2222049006,
0002000021, 2322049010, 2222049029, 2222049060, 2222049057, 2222049032,
2222049051, 2222049176, 1522049137, 2322049006, 2322049081, 2222049048,
2222049056, 2222049052, 2222049037, 2222049174, 2322049064, 2322049072,
and 2222049030,
6 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
18 The low density designation of Single Family one (1) unit per acre (SR -
1) is appropriate due to the lack of sewer and water services,
19 The low density designation of Single Family one (1) unit per acre (SR -
1) is appropriate due to the Green River having been designated a river of statewide
significance, and
WHEREAS, during the August 6, 2002, meeting the City Council
adopted a motion regarding King County tax parcel numbers 2322049036 and
2322049076 in the central study area whereby the existing zoning designation of
Medium Density Multifamily Residential (MR -M) shall remain unchanged and the
comprehensive plan designation shall be changed to Medium Density Multifamily
(MDMF) as depicted in Exhibit B, and
WHEREAS, during the July 16, 2002, meeting, the City Council
adopted changes to the comprehensive plan and zoning code designations for the
northern study area from Agricultural (A-1) to Agricultural Resource Land (A-10),
Single Family one (1) unit per acre (SR -1), and Single Family three (3) units per
acre (SR -3) as depicted in Exhibit C, which is attached and incorporated by this
reference, based on the following findings
I. The changes to the comprehensive plan designations in Exhibit C are
consistent with the standards of review for comprehensive plan amendments
outlined in Section 12 02 050 of the Kent City Code,
2. The changes to the zoning code designations in Exhibit C are
consistent with the standards of review for zoning amendments in Section
15 09.050(C),
3 The real property currently zoned Agricultural, one (1) unit per acre
(A-1) with King County tax parcel numbers 0222049017, 0222049022,
1022049139, and 1022049004 have had the development rights purchased by King
7 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
County as part of the King County Farmland Preservation Program and will have
consistent land use designations by amending the comprehensive plan designation
to Agricultural Resource Land and the zoning designation from Agricultural, one
(1) unit per acre (A-1) to Agricultural, one (1) unit per ten (10) acres (A-10),
4 The northern study area is located within the urban growth area of the
City of Kent;
5 Testimony has shown that the markets relied on by the farmers and
necessary to support long-term commercially significant agricultural production
will no longer be available for the products produced due to a consolidation of the
wholesale purchasers outside of Washington State and a change from regional to
global purchasing,
6 The system of roadways currently existing in the northern study area
and the principal arterials South 212` Street, Interstate 5, and State Route 181
make difficult the movement of farm equipment necessary for long-term
commercially significant agricultural production,
7 The northern study area is isolated from other agricultural resource
lands in the Lower Green River Agricultural Production District;
8 The following King County tax parcels are used as single family
residences, which are incompatible with agricultural resource lands: 0222049045,
0222049030, 2632000005, 2632000010, 2632000015, 2632000020, 2632000025,
2632000075, 2632000080, 2632000085, 2632000090, 2632000095, 2632000100,
2632000105, 2632000110, 2632000115, 2632000121, 2632000200, 2632000195,
1022049015, 1022049199, 1022049198, 7533000010, 7533000020, 7533010010,
and 7533010020,
9 The proximity of high density residential development adjacent to and
southwest of the northern study area is incompatible with agricultural resource
lands,
8 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
10. The proximity of high density residential development adjacent to and
west of the northern study area is incompatible with agricultural resource land,
11 The proximity of high density residential development adjacent to and
south of the northern study area is incompatible with agricultural resource land,
12 The following King County tax parcel numbers can no longer sustain
long-term commercially significant agricultural production because they contain
wetlands that have remained fallow for a significant number of years so that
draining the wetlands and plowing the fallow fields cannot be done without the
lengthy process of obtaining a DA Army Corps of Engineers permit at significant
expense 0222049045, 0222049026, 0222049018, 1122049007, 1122049070,
1122049008, 2632000030, 1522049001, 1522049016, 0002000004, 1022049001,
0322049024, 0322049023, 0322049102, 1022049003, 1022049175, 1022049184,
1022049185, 1022049186, 1022049078, 1022049006, 1022049189, 1022049113,
1022049200, and 2632000205;
13 The small size of the following King County tax parcels are
incompatible with an agricultural resource lands designation 1022049184,
1022049185, 1022049186, and 1022049070,
14 The use of King County tax parcel numbers 1022049045 and
1022049033 by Drainage District No 1 is incompatible with agricultural resource
lands,
15. The use of King County tax parcel number 1022049070 as a
construction business's staging area has changed the character of the soil so that it
no longer has the soil classification needed for agricultural resource lands;
16 King County tax parcel numbers 2632000205 and 2632000295 have
urban soils rather than the soil classification needed for agricultural resource lands,
17 The existing commercial, wholesale, green house operation on King
County tax parcel number 1122049010 has changed the character of the soil so that
it no longer has the soil classification needed for agricultural resource lands;
9 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
18. The use of former King County tax parcel numbers 1022049078,
1522049001, 1522049016, and 0002000004 as a clean water detention facility is
incompatible with agricultural resource lands,
19 The value of the property in the northern study are will be higher with
designations of Single Family one (1) unit per acre (SR -1) and Single Fanuly three
(3) units per acre (SR -3),
20. The low density designation of Single Family one (1) unit per acre
(SR -1) is appropriate for the following King County tax parcels due to Frager
Road's designation as a scenic and recreational road- (former) 1022049078,
(former) 1522049001, (former) 1522049016, (former) 0002000004, 0222049045,
0222049026, 0222049030, 0222049018, and 1122049007;
21. The density designation of Single Family three (3) units per acre (SR -
3) is appropriate for the following parcels due to Frager Road's designation as a
scenic and recreational road 1022049062, 1022049100, 1022049030,
1022049031, and 1022049152,
22 The low density designation of Single Family one (1) unit per acre
(SR -1) is appropriate due to the wetlands located on the following King County tax
parcels. 0222049045, 0222049026, 0222049030, 0222049018, 1122049007,
1122049070, 1122049008, 2632000030, 2632000025, 1522049001, 1522049016,
0002000004, 1022049001, 0322049024, 0322049023, 0322049102, 1022049003,
1022049175, 1022049184, 1022049185, 1022049186, 1022049078, 1022049006,
1022049189, 1022049113, and 1022049200,
23 The low density designation of Single Family one (1) unit per acre
(SR -1) is appropriate due to the lack of sewer and water services,
24. The low density designation of Single Family one (1) unit per acre
(SR -1) is appropriate on the following King County tax parcels due to the Green
River having been designated a river of statewide significance (former)
1022049078, (former) 1522049001, (former) 1522049016, (former) 0002000004,
10 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
0222049045, 0222049026, 0222049030, 0222049018, 1122049007, 1122049008,
1122049070, 0322049023, 0322049024, 1022049001, 2632000030, 1022049003,
0322049102, 1022049175, 1022049184, 1022049185, and 1022049186,
25, The density designation of Single Family three (3) units per acre (SR -
3) is appropriate on the following King County tax parcels due to the Green River
having been designated a river of statewide significance 2632000070,
2632000075, 1122049010, 1122049011, 1022049011, 1022049015, 7533000010,
7533000020, 1022049062, 1022049100, 1022049030, 1022049031, 1022049152,
and 1022049063,
WHEREAS, because the only Agricultural Resource Lands in the
City of Kent have had their development rights purchased by King County, there
will not be a transfer of development rights or a purchase of development rights
program created, and
WHEREAS, the Washington State Environmental Policy Act
(SEPA) requires that comprehensive plans be reviewed as to their potential
environmental impact, and on March 5, 2002, a Determination of Nonsignificance
was issued analyzing the comprehensive plan and zoning amendments inclusive of
those adopted by the City Council on July 16, 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 Agricultural Resource
Lands and Agricultural Support for the area known as the southern portion of the
11 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
agncultural study area shall be established as outlined in Exhibit A attached and
incorporated by reference
SECTION 2. Pursuant to Kent City Code Section 15 09 050 and
the laws of the State of Washington, the zoning designations of Agricultural
General (AG) and Agricultural, one (1) unit per ten (10) acres (A-10) for the area
known as the southern portion of the agricultural study area shall be established as
outlined in Exhibit A attached and incorporated by flus reference
SECTION 3. Pursuant to Chapter 12 02 of the Kent City Code and
RCW 36 70A 130, the comprehensive plan designation of Single Family one (1)
unit per acre for the area known as the central portion of the agricultural study area
shall be established as outlined in Exhibit B attached and incorporated by
reference
SECTION 4. Pursuant to Kent City Code Section 15 09 050 and
the laws of the State of Washington, the zoning designation of Single Family
Residential one (1) unit per acre (SR -1) for the area known as the central portion of
the agricultural study area shall be established as outlined m Exhibit B attached
and incorporated by this reference
SECTION 5. Pursuant to Chapter 12 02 of the Kent City Code and
RCW 36 70A 130, the comprehensive plan designations of Agricultural Resource
Lands, Single Family one (1) unit per acre, and Single Family three (3) units per
acre for the area known as the northern portion of the agricultural study area shall
be established as outlined in Exhibit C attached and incorporated by reference
12 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
SECTION 6. Pursuant to Kent City Code Section 15 09 050 and
the laws of the State of Washington, the zoning designations of Agricultural one
(1) unit per ten (10) acres (A-10), Single Family Residential one (1) unit per acre
(SR -1), and Single Family Residential three (3) units per acre (SR -3) for the area
known as the northern portion of the agricultural study area shall be established as
outlined in Exhibit C attached and incorporated by this reference.
SECTION 7. If any one (1) 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 8. This Ordinance shall take effect and be in force thirty
(30) days from and after the date of passage and publication as provided by law.
ATTEST
BRENDA JACOBER,4NTY
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
13
Agricultural Lands
Comprehensive Plan
and Zoning Amendments
PASSED 6 day of '2002.
APPROVED day of '2002
PUBLISHEDday of �, 2002
I hereby certify that this is a true copy of Ordinance No A� / / , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated
BRE/NDA
BRENDA JACOBE CITY CLERK
P �o.a\orai., ce Aga a5COMPPI zoN.g�.a aoc
14 Agricultural Lands
Comprehensive Plan
and Zoning Amendments
EXAMB1T
E-)(-Hleff 8-
PCLY� a o -P Q
n 5204 5T �gg�
i
Northern
JT
Study Area
Comprehensive Plan
CPA -2000-3
end
Study A.ea
Tax Parcels
Green River
n Road Centerline
Lana use
J Agrlcuitural Resource Land
\ Agricultural Support
JI
Single -Family 1 unit/acre
Single -Family 3 unitslacre
w
' KENT
Planning SernCes Scale
August 6. 2002 1:12419
EXHIBIT "C"
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EXHIBIT "C"
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