HomeMy WebLinkAbout3681Ordinance No. 3681
["Beginning July 1, 1998"1
(Amending or Repealing Ordinances)
CFN=131 Zoning Codes
Passed — 3/2/2004
Master PUD — GMA Compliance Sec. 15.08.400(I)
Amends Ords. 3439;3600;3633;3639
Amended by Ord. 3746
ORDINANCE NO. ✓b*p/
AN ORDINANCE of the city council of the city of
Kent, Washington, amending section 15.08.400(1) of the
Kent City Code, to establish a process by which criteria
are established to guide the planning manager in
differentiating between minor and major modifications of
master plans located in commercial, office, industrial, and
manufacturing zoning districts consistent with planned
action ordinances and development agreements.
RECITALS
A. The City Council desires to amend section 15 08.400(1) of the Kent City
Code to establish a process by which criteria are established to guide the planning
manager in differentiating between minor and mayor modifications of master plans
located in commercial, office, industrial, and manufacturing zoning districts consistent
with planned action ordinances and development agreements.
B On April 1, 2003, the City adopted Ordinance No. 3639 amending
section 15.08.400(1) of the Kent City Code. An appeal of Ordinance No 3639 was
filed with the Central Puget Sound Growth Management Hearings Board (the 'Board")
who issued a Final Decision and Order finding that Ordinance No. 3639 was
noncompliant with RCW 36.70A.020(6) and (7) of the Growth Management Act (the
"Act'). The Board established March 31, 2004, as the deadline for the City to take
appropriate legislative action to achieve compliance with the Act
1 Master PUD - GMA Compliance
Section 15.08.400(/)
C. On December 10, 2003, the City provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington of the City's
proposed amendment to section 15 08.400(1) of the Kent City Code, and the sixty
(60) day notice period has lapsed.
D. After providing appropriate public notice, the Land Use and Planning
Board held a public hearing on the proposed amendment on January 12, 2004.
E. On February 17, 2004, the Kent City Council considered this matter
and authorized city staff to prepared the required ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS -
ORDINANCE
SECTION 1. — Amendment. Section 15.08.400(1) of the Kent City Code
entitled, "Modifications of plan," is amended as follows:
Sec. 15.08.400. Planned unit developments, PUD.
I. Modifications of plan. Requests for modifications of final approved plans
shall be made in writing and shall be submitted to the planning services office in the
manner and form prescribed by the planning manager. In commercial, office, aad
industrial and manufacturing zoning districtszenes, where a master plan is
consistent with a planned action ordinance and a development agreement the
determination of whether a proposed modification is minor or and major
development agFeement shall be made at the sole discretion of the planning
manager, provided, however, that the planning manager's determination must be
consistent with criteria established in either the planned action ordinance or the
development agreement. If the planned action ordinance or the development
agreement does not establish such criteria, the planning manager's determination
2 Master PUD - GMA Compliance
Section 15.08.400(/)
shall be consistent with the criteria stated in subsection I(1) and 1(2) below. The c:
Criteria for determining minor and major modifications in all other cases shall be as
stated in subsection I(1) and 1(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. Minor modifications. Modifications are deemed minor if all the
following criteria are satisfied:
proposed;
proposed;
a No new land use is proposed;
b. No increase in density, number of dwelling units or lots is
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 Mayor 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 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 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 Master Plan
applications, including applications currently in process upon the effective date of
this ordinance.
3 Master PUD - GMA Compliance
Section 95.08.400(1)
SECTION 3. – Savings. The existing section 15.08.400(1) of the Kent City
Code, which is amended by this ordinance, shall remain in full force and effect until
the effective date of this ordinance
SECTION 4. – Ratification. Any act consistent with the authority and prior to
the effective date of this ordinance is hereby ratified and affirmed
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.
force thirty (30) days from and after pa:
J
ATTEST:
This ordinance shall take effect and be in
as provided by
MAYOR
BRENDA JACOBER, TY CLERK
APP '
R EA, CITY ATTORNEY
PASSED: _t day of / Y l.cu a�i 1 2004
APPROVED: o/ — day of 2004.
6
PUBLISHED. day of 2004.
4 Master PUD - GMA Compliance
Section 15.08.400(!)
I hereby certify that this is a true copy of Ordinance No. 34 P /
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
u EAL)
BRENDA JACOBER, VTY CLERK
P %CmAORDINANCE I5 08 4001-MasterPUD-GMAComphanw dm
5 Master PUD - GMA Compliance
Section 15.0&400(1)