HomeMy WebLinkAbout3751Ordinance No. 3751
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed - 5/17/2005
Amend Shoreline Master Program
Re: Appeal Procedures & Threshold for Substantial Development
ORDINANCE NO. 2075t
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections 2.0, 7.3,
and 7.5 of the Shoreline Master Program to correct
inconsistencies in appeal provisions and raise the
threshold for shoreline substantial development.
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 programs addressing appeal procedures. This
ordinance amends the appeal provision in section 7.5 of the Shoreline Master
Program to be consistent with what was approved in Ordinance No. 3574 passed on
September 18, 2001.
B. This ordinance also updates sections 2 and 7.3 of the Shoreline
Master Program to reflect the amendment to RCW 90.58.030 increasing the dollar
amount for substantial development from two thousand five hundred dollars ($2500)
to five thousand dollars ($5000).
C. On April 4, 2005, the City sent the required notification under RCW
36.70A.106 to the state of Washington of the proposed amendment to the Shoreline
1 Amend Shoreline Master Program
Re: Appeal Procedures and
Threshold for Substantial Development
Master Program and requested expedited review. Expedited review was received
and granted on April 20, 2005.
D. On April 25, 2005, the Land Use & Planning Board held a public
hearing on the issue and at the conclusion of the public hearing the Land Use &
Planning Board forwarded a recommendation to the Kent City Council.
E. On May 17, 2005, the City Council voted to amend sections 2.0, 7.3,
and 7.5 of the Shoreline Master Program to correct inconsistencies in the appeal
provisions and raise the dollar threshold for shoreline substantial development.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 2, of the Shoreline Master Program,
entitled "Definitions," is amended as follows:
Sec. 2. Definitions.
Substantial Development Any development of which the total cost or fair market
value, whichever is higher, exceeds five thousand twe theusand five hundred dollars
($x,3995 000), or any development which materially interferes with the normal
public use of the water or shorelines of the state; except for those uses excepted from
the definition of substantial development by RCW 90.58.030(3)(e)(i)-(xi) and WAC
173-27-040. These exemptions are listed in Section 7.3 of Chapter 7:
Administration. See also Development and Exemption.
2 Amend Shoreline Master Program
Re: Appeal Procedures and
Threshold for Substantial Development
SECTION 2. — Amendment. Section 7.3 of the Shoreline Master Program,
entitled "Exemptions", is amended as follows:
Sec. 7.3. EXEMPTIONS.
Certain developments are exempt from the requirement to obtain a substantial
development permit. Such developments still may require a variance or conditional
use permit, and all development within the shoreline is subject to the requirements of
the Shoreline Master Program, regardless of whether a substantial development
permit is required. Developments which are exempt from requirement for a 173-27-
040 and include the following
1. Any development of which the total cost or fair market value,
whichever is higher, does not exceed t -we +,.,.•.. and five hundred five thousand
dollars, if such development does not materially interfere with the normal public use
of the water or shorelines of the state. For purposes of determining whether or not a
permit is required, the total cost or fair market value shall be based on the value of
development that is occurring on shorelines of the state as defined in RCW
90.58.030 (2)(c). The total cost or fair market value of the development shall include
the fair market value of any donated, contributed or found labor, equipment or
materials;
SECTION 3. — Amendment. Section 7.5 of the Shoreline Master Program,
entitled "Appeals", is amended as follows:
Sec. 7.5. APPEALS.
1. Local appeals. Any decision made by the Administrator on a substantial
development permit, or by the Hearing Examiner on a conditional use or variance
permit shall be finalitmiess an appea4 is made. Deeisiens may be appealed te the GA
3 Amend Shoreline Master Program
Re: Appeal Procedures and
Threshold for Substantial Development
shall b pFeeessed in aseenlanee with KePA City Cede-Seetien 12.01.190. S mak
i t be filed ..;Fl.. the Citi. Glefk and the n a •s,,.. ter- within f ....Fee., ( 4)
uppvccrraxsrsc-vvza�xo��rcax-�aav cit,. ixxxxx�...».... .......... �.,........... �..�
s wi filing-fee. Any Weal of the final decision shall be pursuant to the appeal
provisions of Ch. 12.01 KCC and 7.5(2) below.
2. Shoreline Hearings Board. After the local appeals process has been
exhausted, persons aggrieved by the grant, denial, rescission or modification of a
permit may file a request for review by the Shoreline Hearings Board in accordance
with the review process established by RCW 90.58.180, and with the regulations of
the Shoreline Hearings Board contained in Ch. 461-08 WAC. The request for
review must be filed with the Hearing Board within twenty-one (21) days of the date
of filing of the local permit decision with the Department of Ecology.
SECTION 4. — Savinzs. The existing sections 2, 7.3, and 7.5 of the Shoreline
Master Program which are amended by this ordinance, shall remain in full force and
effect until the effective date of this ordinance.
SECTION S. — 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 6. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after passage as provided by law.
4 \./ Amend Shoreline Master Program
Re: Appeal Procedures and
Threshold for Substantial Development
ATTEST:
RENDA JACOBER, qftY CLERK ••'' "•.
bLr
APPROVED AS TO FORM: _ .� t
TOM BRUBAKER, CITY ATTORNEY
PASSED: / %
day of , 2005.
APPROVED: /*7
day of , 2005.
PUBLISHED: a I
day of , 2005.
I hereby certify that this is a true copy of Ordinance No. 7!5 /
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
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5 Amend Shoreline Master Program
Re: Appeal Procedures and
Threshold for Substantial Development