HomeMy WebLinkAbout3752Ordinance No. 3752
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed - 5/17/2005
Amend Ch. 12.04, 15.08, & 15.09 of the KCC; Re: Appeal Procedures
(Amending Secs. 12.04.695;15.08.040(F)(5);15.08.400(F)(7);15.909.030(F);
15.09.040(D))
Amending Ords. 1840;2806;2863;3340;3424;3439;3511;3575;
3600;3643
Amended by Ord. 3906 (Amended Ch. 12.04; Repealed Sec. 12.04.695)
Amended by Ord. 4300 (Sec. 15.08.040(F))
ORDINANCE NO.-375oZ-
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
12.04.695, 15.08.040, 15.08.400, 15.09.030, and
15.09.040 of the Kent City Code, to correct
inconsistencies in appeal provisions.
RECITALS
A. In 2001 when the City updated code provisions relating to the
administration of development regulations, the amendments made to procedures for
appeals did not carry over into other code sections addressing appeal procedures.
This ordinance amends the appeal provisions in sections 12.04.695, 15.08.040,
15.08.400, 15.09.030, and 15.09.040 of the Kent City Code to be consistent with
what was approved in Ordinance No. 3574 passed on September 18, 2001.
B. On April 4, 2005, the City sent the required notification under RCW
36.70A.106 to the state of Washington of the proposed amendment to the zoning
code and requested expedited review. Expedited review was received and granted on
April 20, 2005.
1 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
C. On April 25, 2005, the Land Use & Planning Board held a public
hearing on the issue and at the conclusion of the public hearing the Land Use &
Planning Board forwarded a recommendation to the Kent City Council.
D. On May 17, 2005, the City Council voted to amend sections
12.04.695, 15.08.040(F), 15.08.400(F), 15.09.030(F), and 15.09.040(D) of the Kent
City Code to correct inconsistencies in appeal provisions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 12.04.695 of the Kent City Code is
amended as follows:
Sec. 12.04.695. City council closed record appeal.
The decision of the hearing examiner shall be final, unless an appeal is made
by a party of record to the city council within fourteen (14) calendar days following
the issuance of the notice of decision and in accordance with the requirements of
KCC 12.01.498195. The appeal shall be in "fing and shall be pr-eeessed pur-su
to Ch. 2.32 KCC—.The appeal shall be heard by the city council in a closed record
appeal hearing. No new evidence may be presented. The decision of the city
council shall represent final action of the city and is appealable only to superior
court.
2 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
SECTION 2. — Amendment. Section 15.08.040(F) of the Kent City Code is
amended as follows:
Sec. 15.08.040. Home occupations.
F. Special home occupation permits. A special home occupation permit shall be
required for the following home occupations:
1. Music lessons.
2. Dance lessons.
3. Art lessons.
4. Academic tutoring.
5. Automobile detailing.
A special home occupation permit may only be issued as follows:
1. Application. Applications for a special home occupation permit
under this subsection shall be subject to the procedures and requirements of Chs.
2.32 and 12.01 KCC. The application fee for a special home occupation permit
shall be the same as for administrative variances unless otherwise established by
city council resolution.
2. Criteria for approval. In conducting a hearing on an application for
a special home occupation permit, the hearing examiner shall consider the nature
and conditions of all adjacent uses and structures. A special home occupation
permit may only be approved by the hearing examiner if the hearing examiner
finds that such permit will not be materially detrimental to the public welfare or
injurious to the property in the zone or vicinity in which the property is located,
and that the issuance of such special home occupation permit will be consistent
with the spirit and purpose of this section and subject to the applicable provisions
of Ch. 12.01 KCC.
3 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
3. Conditions of approval. In approving a special home occupation
permit, the hearing examiner may impose such requirements and conditions with
respect to location, installation, construction, maintenance and operation and extent
of open spaces in addition to those expressly set forth in this section, as may be
deemed necessary for the protection of other properties in the zone or vicinity and
the public interest.
4. Issuance. Any special home occupation permit application approved
by the hearing examiner shall be forwarded to the planning department for issuance.
5. Appeal of decision. The decision of the hearing examiner on a special
home occupation permit application
Ehs. 2.32 and 12:91 K -Cc shall be final. Any ppeal of the hearing examiner's
decision shall be pursuant to the appeal provisions of Ch. 12.01 KCC.
SECTION 3. — Amendment. Section 15.08.400(F) of the Kent City Code is
amended as follows:
Sec. 15.08.400. Planned unit development, PUD.
F. Application process. The application process includes the following steps:'
informal review process, compliance with the State Environmental Policy Act,
community information meeting, development plan review, and public hearing before
the hearing examiner.
1. Informal review process. An applicant shall meet informally with
planning department at the earliest possible date to discuss the proposed PUD.
purpose of this meeting is to develop a project that will meet the needs of
applicant and the objectives of the city as defined in this title.
2. SEPA compliance. Compliance with the State Environmental Policy
Act and regulations and city SEPA requirements shall be completed prior to
development plan review.
4 Amend Chapter 12.04,15 08,
and 15.09 of the KCC
Be. Appeal Procedures
3. Development plan review. After informal review and completion of
the SEPA process, a proposal shall next be reviewed by city staff through the
development plan review process. Comments received by the project developer
under the development review process shall be used to formalize the proposed
development prior to the development being presented at a public hearing before the
hearing examiner.
4. Community information meeting.
a. A community information meeting shall be required for any
proposed PUD located in a residential zone or within two hundred (200) feet of a
residential zone. At this meeting, the applicant shall present the development
proposed to interested residents. Issues raised at the meeting may be used to refine the
PUD plan. Notice shall be given in at least one (1) publication in the local newspaper
at least ten (10) days prior to the public hearing. Written notice shall be mailed first
class to all property owners within a radius of not less than two hundred (200) feet of
the exterior boundaries of the property subject to the application. Any alleged failure
of any property owner to actually receive the notice of hearing shall not invalidate the
proceedings.
b. Nonresidential PUDs not located within two hundred (200) feet
a residential zone shall not require a community information meeting.
5. Public notice and hearing examiner public hearing. The hearing
examiner shall hold at least one (1) public hearing on the proposed PUD and shall
give notice thereof in at least one (1) publication in the local newspaper at least ten
(10) days prior to the public hearing. Written notice shall be mailed first class to all
property owners within a radius of not less than two hundred (200) feet of the exterior
boundaries of the property subject to the application. Any alleged failure of any
property owner to actually receive the notice of hearing shall not invalidate the
proceedings.
6. Consolidation of land use permit processes. The PUD
process may be used to consolidate other land use permit processes, which
required by other sections of this title. The public hearing required for the PUD
5 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
serve as the public hearing for the conditional use permit, subdivision, shoreline
substantial development, and rezoning if such land use permits are a part of the
overall PUD application. When another land use permit is involved which requires
city council approval, the PUD shall not be deemed to be approved until the city
council has approved the related land use permit. If a public hearing is required for
any of the categories of actions listed in this subsection, the hearing examiner shall
employ the public hearing notice requirements for all actions considered which
ensure the maximum notice to the public.
7. Hearing examiner decision. The hearing examiner shall issue a
written decision within ten (10) working days from the date of the hearing. Parties of
record will be notified in writing of the decision. For PUDs which propose a use
permitted in the underlying zoning district, the The-- hearing examiner's decision is
For PVDs which propose a use which is not
typically permitted in the underlying zoning district as provided in subsection (13)(4)
of this section, the hearing examiner shall forward a recommendation to the city
council, which shall have the final authority to approve or deny the proposed PUD.
For a proposed residential PUD that includes condominiums as outlined in subsection
(13)(4) of this section, a condition of approval by the city council shall be that for each
development phase the applicant shall submit a recorded copy of the covenants,
conditions, and restrictions recorded against the property. Within thirty (30) days of
receipt of the hearing examiner's recommendation, the city council shall, at a regular
meeting, consider the application. Any Meal from the final decision of the heanng
KCC.
8. Effective date. In approving a PUD, the hearing examiner shall
specify that the approved PUD shall not take effect unless or until the developer files
a completed development permit application within the time periods required by this
title as set forth in subsection (G) of this section. No official map or zoning text
designations shall be amended to reflect the approved PUD designation until such
time as the PUD becomes effective.
6 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
SECTION 4. — Amendment. Section 15.09.030(F) of the Kent City Code is
amended as follows:
Sec. 15.09.030. Conditional use permit.
F. Appeals. The decision of the hearing examiner shall be final, unless an
appeal is made to the e;ty eauneil .;tt.; f uAe (14) alenda days n#o the
heming a
KGG 12.01.190. Any appeal of the hearing examiner's decision shall be pursuant to
the appeal provisions of Ch. 12.01 KCC.
SECTION S. — Amendment. Section 15.09.040(D) of the Kent City Code is
amended as follows:
Sec. 15.09.040. Variances.
D. Appeals. The decision of the hearing examiner shall be final, u•t s
appeal made to the e4y ,. ,.;1 ,:"a f ,,,.tee., (1 4) ..salon days after- the
yNi,J,i.,/�VYl 1V
hearingemaminef's netiee of deeision. The appeal sh tt be in .,.:t;«g t.. at.e ..;t..
eeuneil and filed with *.,@ eity elerk in aeoefdanes with the pfeaedtwes established in
KGG 12.01.190. Any appeal of the hearing examiner's decision shall be pursuant to
the appeal provisions of Ch. 12.01 KCC.
7 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
SECTION 6. — SaviM. The existing sections 12.04.695, 15.08.040(F),
15.08.400(F), 15.09.030(F), and 15.09.040(D) of the Kent City Code, which are
amended by this ordinance, shall remain in full force and effect until the effective
date of this ordinance.
SECTION 7. — 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 8. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after passage as provided by law.
ATTEST:
BRENDA JACOBE CITY CLERK
APPROVED AS TO FORM:
XW
TOM BRUBAKER, CITY ATTORNEY
PASSED: 7
day of , 2005.
APPROVED: / %
day of , 2005.
PUBLISHED:
day of 2005.
8 Amend Chapter 12.04, 15.08,
and 15.09 of the KCC
Re: Appeal Procedures
I hereby certify that this is a true copy of Ordinance No. S%tea
passed 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 ITY CLERK
r\ciwnORDINAxce\is-osandl5-Munacoao-nppesun NUMe,mc
9 Amend Chapter 12.04,15.08,
and 15.09 of the KCC
Re: Appeal Procedures