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HomeMy WebLinkAbout3639Ordinance No. 3639 (Amending or Repealing Ordinances) CFN=131 - Zoning Codes Passed - 4/1/2003 Planned Unit Development - PUD Sec. 15.08.400(I) Amends Ords. 3439;3600 Amended by Ord 3633 (Repeals Ord. 3624 Sec. 15.08.400(I)) Amended by Ord. 3681 (Sec. 15.08.400(I)) Amended by Ord. 3746 (Sec. 15.08.400) The date ["Beginning July 1, 1998"] 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 NO. —?639 AN ORDINANCE of the city council of the city of Kent, Washington, amenchng section 15 08 400(I) of the Kent City Code, regarding planned unit developments, to provide a process for the modification of master plans located in commercial, office, and manufacturing zones consistent with planned action ordinances and development agreements WHEREAS, the city council desires to amend section 15 08 400(I) of the Kent City Code to allow the planning manager to decide minor and major I limodifications of master plans located in commercial, office, or manufacturing zones 'consistent with a planned action ordinance and development agreement; and WHEREAS, the city previously adopted Ordinance No 3624 relating to Unit Developments ("PUD") on October 15, 2002, however, the city, by e No. 3633, repealed Ordinance No 3624 as the city had inadvertently failed provide sixty (60) days notice to the State of Washington of its intent to modify the Plan PUD, and WHEREAS, on January 8, 2003, the city provided notification of the Master Plan PUD Modification to the State of Washington, and 1 Planned Unit Development - PUD Section 15.08.400(1) WHEREAS, the sixty (60) day notice period has elapsed, and WHEREAS, after providing appropriate public notice, the city held a public hearing on this modification proposal at the regular city council meeting held on April 1, 2003, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. — Amendment Section 15 08 400(I) of the Kent City Code entitled, "Modifications of plan," is amended as follows See. 15.08.400. Planned unit developments, PUD Modifications ofplan. Requests for modifications of final approved plans shall made in writing and shall be submitted to the planning services officedepaAment in manner and form prescribed by the planning manager In commercial, office, and major modifications in all other cases shall be as stated in subsection I01) and I(2) ,below 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 Manor modifications Modifications are deemed minor if all the criteria are satisfied a No new land use is proposed, b No increase in density, number of dwelling units or lots is 2 Planned Unit Development - PUD Section 15.08.400(7) proposed, C. No change in the general location or number of access points is d No reduction in the amount of open space is proposed, e No reduction in the amount of parking is proposed, 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 in elevations of buildings 2 Magor modifications Major adjustments are those which, as determined by the planning manager, substantially change the basic design, density, open space or other similar requirements or provisions Major adjustments to the jdevelopment 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 subsection (F) of this section shall apply. The hearing examiner shall issue a written decision to approve, deny or modify the request Such a decision shall be final Any appeals of this decision shall be in accordance with KCC 12 01 040 SECTION 2. — Application This ordinance may be applied to all ter Plan applications, including applications currently in process upon the effective of this ordinance SECTION 3. — Savmzs The existing section 15 08 400(I) of the Kent Code, which is amended by this ordinance, shall remain in full force and effect the effective date of this ordinance SECTION 4. - Ratification Any act consistent with the authority and to the effective date of this ordinance is hereby ratified and affirmed 3 Planned Unit Development - PUD Section 15.08.400(1) SECTION 5. — Severability 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 this ordinance and the same shall remain in full force and effect SECTION 6. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY as provided by law U.'a�o�S /✓1�' �� Frr, T -wt ASSED day of 2003 day of ��e_ 2nuQ, , 2003 day of 2003 I hereby certify that this is a true copy of Ordinance No .? G 3 by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated (SEAL) BRENDA JACOBE , CITY CLERK P A0,&O,&.. a 15 08 4WI PUD -031003 d c 4 Planned Unit Development - PUD Section 15.08.400(1)