HomeMy WebLinkAbout3795Ordinance No. 3795
(Amending or Repealing Ordinances)
CFN=377 - Comprehensive Plans
CFN=131 - Zoning Codes
Passed - 4/4/2006
Comprehensive Plan & Zoning Amendments - Parcel #1322049019
ORDINANCE NO.. ? 7 �3'
AN ORDINANCE of the city council of the city of
Kent, Washington, amending the city's Comprehensive
Plan to change the land use map designation from Mixed
Use (MU) to Low Density Multifamily (LDMF) and
amending the zoning district map designation from Limited
Industrial (M2) to Garden Density (MR -G) for real property
approximately 0.30 acre in size and located along 1st
Avenue South and SR -167 (CPA-2005-7/CPZ-2005-4).
RECITALS
A. The city of Kent has established procedures for amending the
Comprehensive Plan in chapter 12.02 of the Kent City Code, allowing amendment of
the Comprehensive Plan, in accordance with state law, no more than once per
calendar year with a few narrow exceptions.
B. During the city's recent review of the data in the Comprehensive Plan
Update adopted in 2004 (the "Update', it was discovered that a tax parcel of real
property located along 1s`Avenue South and SR -167 has two land use designations
and two zoning designations. The majority of the property, approximately 7.8 acres,
has a land use map designation of Low Density Multifamily (LDMF) and a zoning
district map designation of Garden Density Multifamily (MR -G). However, a small
portion of the parcel, approximately 0.30 acres, has a land use map designation of
Mixed Use (MU) and a zoning district map designation of Limited Industrial (M2).
Given the size, configuration, and location of the tax parcel, city staff brought forward
an amendment that would amend the land use map designation and zoning
designation for the small portion of the property to make it consistent with the
designations on the majority of the property.
1 Comprehensive Plan & Zoning
Amendments - Parcel #1322049019
C. The proposed amendments were initially introduced to the Land Use
and Planning Board as part of the 2005 Annual Docket Report in accordance with Ch.
12.02 of the Kent City Code, which was approved by the city council on December 13,
2005. The Land Use and Planning Board considered the proposed amendments of
CPA -2005-7 and CPZ-2005-4, conducted a public hearing on the same on February 27,
2006, and recommended approval. The amendments were also considered by the city
council's Planning and Economic Development Committee on March 20, 2006.
D. The proposed amendments of CPA -2005-7 and CPZ-2005-4 are
consistent with the standards of review for comprehensive plan amendments in
section 12.02.050 and for zoning amendments in section 15.09.050(C) of the Kent
City Code.
E. On January 25, 2006, the city provided the State of Washington the
required sixty (60) day notification under RCW 36.70A.106 of the city's proposed
amendments. The sixty (60) day notice period has lapsed.
F. The City's SEPA responsible official issued a Determination of
Nonsignificance (DNS) (#ENV -2005-56(D)) for the proposed amendments on February
23, 2006.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Amendment to Comprehensive Plan. The city of Kent
Comprehensive Plan is amended to change the land use map designation from Mixed
Use (MU) to Low Density Multifamily (LDMF) for a triangular shape piece of property
approximately 0.30 acre in size and located along l tAvenue South and SR -167. This
property is a portion of King County Tax Parcel No. 1322049019, is depicted in the
2 Comprehensive Plan & Zoning
Amendments — Parcel #1322049019
map attached and incorporated as Exhibit A, and is legally described in the attached
and incorporated Exhibit A-1.
SECTION 2, — Amendment to Zoning Map. The city of Kent zoning map is
amended to change the zoning district map designation from Limited Industrial (M2) to
Garden Density (MR -G) for a triangular shape piece of property approximately 0.30
acre in size and located along 15CAvenue South and SR -167. This property is a portion
of King County Tax Parcel No. 1322049019, is depicted in the map attached and
incorporated as Exhibit B, and is legally described in the attached and incorporated
Exhibit B-1.
SECTION 3. - 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 4, - Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after the date of passage as provided by law.
2
S Z E COOKIE, MAYOR
ATTEST:
BRENDA JACOBER, CITY LERK
APPROVED AS TO FORM:
(�6It.,
TO BRUBA ER, CITY ATTORNEY
3
Comprehensive Plan & Zoning
Amendments - Parcel #1322049019
PASSED: day of LZ� , 2006.
APPROVED: _41 day of 2006.
PUBLISHED: day of 12006.
I hereby certify that this is a true copy of Ordinance No. X795
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\CrvY1OROMANCE\ MVIaawingAmams-0"133}fW9019 Ex
BRENDA JACOBER, CttY CLERK
4 Comprehensive Pian & Zoning
Amendments — Parcel #1322049019
EXHIBIT A
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LEGAL DESCRIPTION
EXHIBIT A-1
PARCEL A:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN IN KING COUNTY, WASHINGTON, LYING
SOUTHEASTERLY OF THE SOUTHEASTERLY MARGIN OF PRIMARY STATE
HIGHWAY NUMBER 5, AS CONDEMNED IN KING COUNTY SUPERIOR COURT
CAUSE NUMBER 657499, AND WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT-OF-WAY.
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LEGAL DESCRIPTION
EXHIBIT B-1
PARCEL A:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN IN KING COUNTY, WASHINGTON, LYING
SOUTHEASTERLY OF THE SOUTHEASTERLY MARGIN OF PRIMARY STATE
HIGHWAY NUMBER 5, AS CONDEMNED IN KING COUNTY SUPERIOR COURT
CAUSE NUMBER 657499, AND WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT-OF-WAY.