HomeMy WebLinkAbout3720Ordinance No. 3720
(Amending or Repealing Ordinances)
CFN=0131-Zoning Codes
Passed - 11/2/2004
Notification Agricultural Resource Lands
Adding Sec. 12.01.125
Amended by Ord. 4044
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 — 612112012
ORDINANCE NO. 3 %-M)
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding section 12.01.125,
entitled "Notification of proximity to Agricultural
Resource Lands," to the Kent City Code (KCC) to
provide for a notification process of potential
commercial agricultural activities as required by the
Growth Management Act (GMA).
RECITALS
A. Per RCW 36.70A.130(4), the Growth Management Act (GMA)
requires the City of Kent to review and revise its Comprehensive Plan and
development regulations by December 1, 2004, to ensure that the Comprehensive
Plan and the development regulations are in compliance with the requirements of the
GMA. This amendment to the City's development regulations is adopted in accord
with that GMA requirement.
B. RCW 36.70A.060(1) and Policy LU -30.1 in the 2004 Comprehensive
Plan Update require a notification process for properties located within 500 hundred
feet (500') of real property with the land use designation "Agricultural Resource
Land." These owners must be notified of the potential for commercial agricultural
1 12.01.125 -Notification
Agricultural Resource Lands
activities that are not compatible with residential development for certain periods of
limited duration.
C. On March 1, 2004, the City of Kent issued an Addendum to the
Environmental Impact Statement that was prepared for the Kent Comprehensive
Plan (the "SEPA Addendum"). This SEPA Addendum analyzed the potential impact
of various amendments made pursuant to RCW 36.70A.130(4) (#ENV -93-51).
D. On August 25, 2004, the City provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington of the City's
proposed development regulations amendment. This sixty (60) day period has since
expired.
E. The City's Land Use and Planning Board held a workshop on this
issue on August 9, 2004, and a public hearing on September 27, 2004. The
Council's Planning and Economic Development Committee addressed the issue at its
meeting on October 18, 2004.
F. On November 2, 2004, the City Council voted to amend chapter
12.01 "Administration of Development Regulations" to include a "Notification of
proximity to Agricultural Resource Lanes" process as required by the GMA.
ORDINANCE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Amendment. Chapter 12.01 of the Kent City Code is
amended to include section 12.01.125, entitled "Notification of proximity to
Agricultural Resource Lands," as follows:
2 12.01.125 -Notification
Agricultural Resource Lands
Sec. 12.01.125. Notification of proximity to agricultural resource lands.
Project permit applicants for all plats, short plats, development permits, and
substantial building permits for development activities within 500 hundred feet of
land designated as agricultural resource lands within the City of Kent, or the
comparable land use designation within unincorporated King County, shall be
informed by the city of the proximity to agricultural resource lands on which
commercial agricultural activities may occur that are not compatible with residential
development for certain penods of limited duration.
SECTION 2. — Savinjzs. The existing chapter 12.01 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 3. — 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 portions 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 and after passage as provided by law.
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ATTEST:
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MAYOR
12.01.125 -Notification
Agricultural Resource Lands
APPROVED AS TO FORM:
XUA& Ic2K �
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of November, 2004.
APPROVED: day of November, 2004.
PUBLISHED: d day of November, 2004.
I hereby certify that this is a true copy of Ordinance No. 7,L0
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 \CmRORDINANCE112-01-AgnResow"L=dNotdimwn doc
4 12.01.125 -Notification
Agricultural Resource Lands