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Home My WebLink About3763Ordinance No. 3763 (Amending or Repealing Ordinances) CFN=121 - Rezones Passed - 9/20/2005 Daljit Cove Rezone Recorder's # 20051017002906 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 t a ORDINANCE NO. 3%63 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 4.25 acres of property located at 22604 and 22522 94th Avenue South from Single Family Residential 4.5 units per acre (SR -4 5) to Single Family Residential 6 units per acre (SR -6). (Daljit Cove Rezone, #RZ-2004-5). RECITALS A. An application to rezone approximately 4.25 acres of property located at and 22522 94t" Avenue South, Kent, Washington from the current zoning of Single Family Residential 4.5 units per acre (SR -4.5) to Single Family 6 units per acre (SR -6), was filed on December 3, 2004, by Aleanna Cramer NW Inc. (Daljit Cove, #RZ-2004-5). B. The City's SEPA responsible official issued a Determination of (DNS) (#ENV -2005-18) for the proposed rezone on June 15, 2005. A hearing on the rezone was held before the hearing examiner on July 20, 2005. C. On August 3, 2005, the hearing examiner issued findings and sions that the Daljit Cove Rezone is consistent with the city's Comprehensive that the proposed rezone and subsequent development activity would be with the development in the vicinity, that the proposed rezone will not burden the transportation system in the vicinity of the property with significant impacts that cannot be mitigated, that circumstances have changed since the 1 Daljit Cove Rezone establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. D. Based on these findings and conclusions, the hearing examiner recommended approval of the Daljit Cove Rezone. E. On September 6, 2005, the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Daljit Cove Rezone from Single Family Residential 4.5 units per acre (SR -4.5) to Single Family Residential 6 units per acre (SR -6). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Rezone. The property located at 22604 and 22522 94`h Avenue South, Kent, Washington consisting of approximately 4.25 acres depicted in Exhibit "A" (marked "Vicinity Map'), attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from Single Family Residential 4.5 units per acre (SR -4.5) to Single Family Residential 6 units per acre (SR -6). The City of Kent zoning map shall be amended to reflect the granted above. 2 Daljit Cove Rezone SECTION 2. — Severability. If any one or more sections, sub -sections, 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 3. — Effective Date. This ordinance shall take effect and be in force (5) days from and after its passage as TTEST: CITY CLERK AS TO FORM: CITY ATTORNEY ASSED: o2,O day of September, 2005. IVED: o0 day of September, 2005. M r SHED: A_�_( day of September, 2005. • = :�' . I hereby certify that this is a true copy of 6Nance"90974,3 11 by the City Council of the City of Kent, Washington, and approved by the of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBB11%, CITY CLERK ' \Qnl\ORDINANCEVtczone-DalptCove doe 3 Daljit Cove Rezone w S. 22" ST. 4 W, •c N.T.S. SITE Q S. 228TH ST. N m a APPLICATION NAME: DALJIT COVE REQUEST: #RZ-2004-5 AND #SU -2004-2 VICINITY MAP EXHIBIT "A" LEGAL DESCRIPTION: (PER FIDELITY NATIONAL TITLE CO. ORDER NO. 0358676) PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERLY UNE OF SAID SUBDIVISION 661.37 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 165.23 FEET; THENCE EAST ALONG THE SOUTH UNE OF THE NORTH 826.$ FEET OF SAID SUBDIVISION AND THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY MARGIN OF 94TH AVENUE SOUTH AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89'51 '56" EAST ALONG SAID SOUTH LINE OF THE NORTH 826.5 FEET A DISTANCE OF 280.07 FEET; THENCE NORTH 01'09'09" EAST 126.28 FEET; THENGF SOUTH 89'51'56" WEST 92.89 FEET. THENCE NORTH 74'57'12" W$r 33.89 FEET; THIsI1 f 89 51'36" NEST 154.28 FEET TO THE EASTERLY MAIC OF 94TH AVENUE SOUTH; THENCE SOUTH 01.09'09" WEST ALONG SAID EASTERLY MARGIN 135.15 FEET TO THE TRUE POINT OF BEGINNING; (ALSO ' KNOWN AS PARCEL A OF KING COUNTY LOT LINE ADJUSTMENT NO. S92L0128). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RAS 5 FAST, W.M., RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FD40WS, BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SUBDIVISION 661.37 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 165.23 FEET; THENCE EAST 128.2.405 FEET; THENCE NORTH 00'56'14" EAST 165.235 FEET, MORE OR LESS, TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 1282.47 FEET, MORE OR LESS TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WEST OF THE EAST UNE OF A STRIP OF LAND 60 FEET IN WIDTH CONVEYED TO KING COUNTY FOR ROAD PURPOSES, BY DEED FILED UNDER RECORDING NO. 2725953, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SUBDIVISION 661.37 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 165.23 FEET; THENCE EAST ALONG THE SOUTH LINE OF THE NORTH 826.6 FEET OF SAID SUBDIVISION AND THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY MARGIN OF 94TH AVENUE SOUTH AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89'51'56" FAST ALONG SAID SOUTH LINE OF THE NORTH 826.6 FEET A DISTANCE OF 280.07 FEET; THENCE NORTH 01'09'09" EAST 126.28 F,�9 THENCE SOUTH 89'51'56" WEST 92.89 FEET; 4'5 THENCE NORTH 77'11"' WEST FEET= THENCE 89'5158" WEST 154.28 FEET TO THE EASTERLY MARGIN OF 94TH' AVENUIf-', SOUTH; THENCE SOUTH 01'09'09" WEST ALONG SAID EASTERLY MARGIN 135.15 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B OF KING COUNTY LOT UNE ADJUSTMENT NO. S92LO128). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TAX LOT NO. 182205-9235 THAT PORTION OF THE NORTHWEST QUARTER Of THE NORTHEAST QUARTER OF SECTION l8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF 94TH AVENUE SOUTH DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 496 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 165.37 FEET; THENCE EAST 1282.47 FEET; THENCE NORTH 165.37 FEET; THENCE WEST 1282.47 FEET TU THE POINT OF BEGINNING; EXCEPT THE SOUTH 80 FEET OF THE WEST 150 FEET. EXHIBIT "B" Return Address: Attn: CiV C City of Kent 220 Fourth Ave. S. Kent, WA 98,032 IIIIIIIIIIIIIIIIORD 38.00 WASI4MAJ=Q.= AUITORIRECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3763 authorizing the rezoning of approximately 4.25 acres of property located at 22604 and 22522 94`h Avenue South from Single Family Residential 4.5 units per acre (SR - 4.5) to Sia&Tly Residential 6 units per acre (SR -6). (Daljit Cove Reference Number(s): N/A Grautor(s): City of K+u,-b Washington municipal corporation Grantee(s): The PuNk Abbreviated Leel Description: Ptn. of NW% of NE % of STR 18-22-05, W.M., King County Additional legal description is on Exhibit "B" of document. Assessor's PropeoWTax Pareel/Aecout Number(s): 182M-9221, 182205-9076, and JU205-9235 Project Name: Daljit Cove Rezone 4*40"MIKO two 1*as as to � k Fonar,