HomeMy WebLinkAbout3796Ordinance No. 3796
(Amending or Repealing Ordinances)
CFN=377 - Comprehensive Plans
Passed - 4/4/2006
2005 Comprehensive Plan Amendments
ORDINANCE NO. -_')%J!
AN ORDINANCE of the city council of the city of
Kent, Washington, amending the city of Kent
Comprehensive Plan as follows: (1) to change the land
use map designation from Single Family, six (6) units per
acre (SF -6), to Mixed -Use (MU), with conditions, for
property located at 26046 116`h Avenue Southeast (CPA -
2005 -2(B)); and (2) to change the land use map
designation from Mobile Home Park (MHP) to Mixed Use
(MU) for property located at 509 Washington Avenue
North (CPA -2005-2(C)).
RECITALS
A. The Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements.
B. To assure that comprehensive plans remain relevant and up to date,
the GMA requires each jurisdiction to establish procedures whereby amendments to
the plan are considered by the city council (RCW 36.70A.130(2)), and limits these
amendments to once each year unless certain circumstances exist.
C. The city of Kent has established a procedure for amending the
Comprehensive Plan in chapter 12.02 of the Kent City Code, which sets a deadline of
September 1st of each year for submittal of requests for comprehensive plan
amendments.
D. The city received three (3) timely applications to amend the
comprehensive plan's land use designation map, one of which was withdrawn. The
remaining two (2) applications involve parcels located at: (1) 26046 116th Avenue
Southeast (CPA -2005-2(B)); and (2) 509 Washington Avenue North (CPA -2005-2(C))
1 2005 Comprehensive Plan Amendments
E. The parcel at 26046 116th Avenue Southeast is currently designated
Single Family Residential, six (6) units per acre (SF -6), and the applicants are
requesting a plan designation of Mixed Use (MU) (CPA -2005-2(B)).
F. The parcel at 509 Washington Avenue North is currently designated
Mobile Home Park (MHP), and the applicants are requesting a plan designation of
Mixed Use (MU) (CPA -2005-2(C)).
G. The city of Kent Land Use and Planning Board considered CPA -2005-
2(B) and CPA -2005-2(C) and conducted a public hearing on the same on February 27,
2006. The Planning and Economic Development Committee considered the
applications at its meeting on March 20, 2006. The Committee made the following
recommendations: the approval of CPA -2005-2(B) as Mixed -Use (MU), with
conditions, and the approval of CPA -2005-2(C) as Mixed Use (MU).
H. The proposed amendments of CPA -2005-2(B), as conditioned, and
CPA -2005-2(C) are consistent with the standards of review for comprehensive plan
amendments outlined in section 12.02.050 of the Kent City Code.
I. On April 4, 2006, the city council for the city of Kent approved, with
conditions, the comprehensive plan amendment CPA -2005-2(B) to amend the
comprehensive plan designation to Mixed Use (MU) for the parcel of property located
at 26046 116th Avenue Southeast. The condition imposed requires that ingress and
egress to and from the property be limited to a right turn into the property and a
right turn out of the property. This condition is imposed to alleviate impacts to the
neighborhood that would otherwise result from the amended land use designation
due to unique circumstances such as the nature of the development in the area and
current traffic patterns.
I On April 4, 2006, the city council for the city of Kent approved the
Comprehensive Plan amendment CPA -2005-2(C) to amend the comprehensive plan
2 2005 Comprehensive Plan Amendments
designation to Mixed Use (MU) for the parcel of property located at 509 Washington
Avenue North.
K. The city's SEPA responsible official issued a Determination of
Nonsignificance (DNS) (#ENV -2005 -56(B -D)) for the proposed amendments on
February 23, 2006.
L. On January 25, 2006, the city provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington of the city's proposed
amendment to the Comprehensive Plan. The sixty (60) day notice period has lapsed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1, — Incorporation of RecIta/s The preceding recitals are
incorporated herein.
SECTION 2, - Amendments The city of Kent Comprehensive Plan adopted
by Ordinance No. 3698 is amended to establish new land use designations for the
following parcels:
A. For the property located at 26046116th Avenue Southeast, from a land
use designation of Single Family Residential, six (6) units per acre (SF -
6) to a land use designation of Mixed Use (MU), as depicted in the
map attached and incorporated as Exhibit "A", and leally described in
the attached and incorporated Exhibit "A-1" (CPA -2005-2(B)), with the
following condition: ingress and egress to and from the property shall
be limited to a right turn into the property and a right turn out of the
property.
B. For the property located at 509 Washington Avenue North, from a land
use designation of Mobile Home Park (MHP) to a land use designation
of Mixed Use (MU), as depicted in the map attached and incorporated
as Exhibit "B", and legally described in the attached an incorporated
Exhibit "B-1" (CPA -2005-2(C)).
3 2005 Comprehensive Plan Amendments
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.
SEC7ION4, - 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.
ATTEST:
BRENDA JACOBER, CITY ftERK
APPROVED AS TO FORM:
tk,� 44,.
TOM BRUBAK R, CITY ATTORNEY
PASSED: day of April, 2006.
APPROVED: day of April, 2006.
PUBLISHED: 97 day of April, 2006.
v..
I hereby certify that this is a true copy of Ordinance No. 9& passed by
the city council of the city of Kent, Washington, and approved by the mayor of the city
of Kent as hereon indicated.
Mivil\ORDINANCE CompPlanAmend-2005-Bill do
qaZe4,--� (SEAL)
BRENDA JACOBER, CITY CLERK
4 2005 Comprehensive Plan Amendments
EXHIBIT A
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EXHIBIT A-1
MILL&fINIUM-KANGLEY BUILDING II
#ENV -2005-56(B)
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#CPA-2005-2(B)/CPZ-2005-2
MILLENNIUM-KANGLEY PROJECT KIVA # RPP6-2053182
(William Osborne, Planner)
COMPREHENSIVE PLAN AND ZONING MAP AMENDMENT FOR PARCEL No. 6756700050
LEGAL. DESCRIPTION:
Lot 5, Phillip's Fairview Addition, according to the Plat thereof recorded in Volume 67 of
Plats, Page 97, records of King County, Washington;
EXCEPT that portion of said Lot 5 deeded to the City of Kent, under King County
Recording No. 20030513002723, described as follows;
Beginning at the Southwest comer of said Lot 5 and the East line of the right of way for
11e Avenue Southwest, being the true pant of beginning;
THENCE Easterly along said South line for a distance of 21.50 feet,
THENCE North 0002842" a distance of 100.03 feet to the North line of said Lot 5;
THENCE Westerly along said North line a distance of 19.00 feet, more or less tD the
Northwest comer of said Lot 5 and the East line of said 116"' Avenue Southeast right of
way'
THENCE Southerly along said right of way to the true pant of beginning.
Situate In the County of King, State of Washington.
EXHIBIT B
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LEGAL DESCRIPTION:
PARCEL 543620 0481
we, unnd
9�99
LOT PORTION 25 SUPPLEMENTAL PLAT OF MEEKER'S FIRST ADDITION
TO TOWN OF KENT N 161.70 FT OF S 225.65 FT EXC W 222.8 FT OF N 50.40
FT; & EXC E 5.00 FT CONVEYED TO CITY OF KENT BY DEED RECORDING
NO 20020315001110