HomeMy WebLinkAbout3801Ordinance No. 3801
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes and Amendments
Passed 6/6/06
Chapter 12.01 - Administrative Development Regulations
(Amends Secs. 12.01.020;12.01.040;12.01.145;12.01.147;12.01.195)
Amends Ords. 3424;3574;3614
Amended by Ord. 4011 (sec. 12.01.040(A))
Amended by Ord. 4044
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
ORDINANCE NO. 3o O /
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Chapter 12.01 of the Kent
City Code to correct and clarify city code permit processing
requirements and to add public notice requirements.
RECITALS
A. In an effort to reduce the cost and time needed to obtain land use
permits, in 1995 the State of Washington Regulatory Reform Act created provisions
for Local Project Review (Chapter 36.70B RCW). The City of Kent established permit'
processes in accordance with the Act in November 1998 via adoption of Ordinance
No. 3424. At this time, several code amendments are needed to correct, clarify, and
amend Kent City Code ("KCC') Chapter 12.01 entitled Administration of
Development Regulations.
B. After a public hearing on March 27, 2006, the Land Use and Planning
Board recommended code amendments for correction and clarification purposes.
The Planning and Economic Development Committee considered the issue at its
meeting on May 15, 2006.
C. On June 6, 2006, the city council of the city of Kent approved
amendments to Chapter 12.01 KCC to correct, clarify, and add public notice
requirements.
1 Chapter 12, 01 -Administrative
Development Regulations
D. On February 21, 2006, the city provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington regarding these
amendments to Chapter 12.01 KCC.
E. The City's State Environmental Policy Act responsible official
determined that SEPA review was not required because the amendments are
procedural in nature and therefore categorically exempt.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Amendment. Section 12.01.020 of the Kent City Code is
amended to read as follows:
Sec. 12.01.020. Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout this chapter.
A. Closed record appeals are administrative appeals under Chapter 36.70B
RCW which are heard by the city council or hearing examiner, following an open
record hearing on a project permit application when the appeal is on the record
with no or limited new evidence or information allowed to be submitted and only
appeal arguments allowed.
B. Judicial appeals are appeals filed by a party of record in King County
superior court.
C. Open record hearing means a hearing held under Chapter 36.708 RCW
and conducted by the Kent hearing examiner who is authorized by the city to
conduct such hearings, that creates the city's record through testimony and
submission of evidence and information, under procedures prescribed by the city
by ordinance or resolution. An open record hearing may be held prior to the
city's decision on a project permit to be known as an "open record pre -decision
2 Chapter 12.01 - Administrative
Development Regulations
hearing." An open record hearing may be held on an appeal, to be known as an
"open record appeal hearing," if no open record pre -decision hearing has been
held on the project permit.
D. Parties of record means:
1. The applicant;
2. The property tax payer as identified by the records available from
the King County assessor's office;
3. Any person who testified at the open record public hearing on the
application; and/or
4. Any person who submitted written comments during
administrative review or has submitted written comments concerning the
application at the open record public hearing (excluding persons who have only
signed petitions or form letters).
E. Project permit means any land use or environmental permit or license
required from the city of Kent for a project action, including but not limited to
building permits, site development permits, land use preparation permits,
subdivisions, binding site plans, planned unit developments, conditional uses,
shoreline substantial development permits, development plan review, site
specific rezones authorized by the comprehensive plan; but excluding adoption
or amendment of the comprehensive plan and development regulations, zoning
of newly annexed land, area -wide rezones, and zoning map amendments except
as otherwise specifically included in this subsection.
F. Planning director means the director of the planning department of the
city of Kent or his/her designee.
G. Public meeting means an informal meeting, hearing, workshop, or other
public gathering of persons to obtain comments from the public or other
agencies on a proposed project permit prior to the city's decision. A public
J VI/Yrlirl ii/V� AMI/I/IIIJLIYL/ve
Development Regulations
meeting may include, but is not limited to, a design review meeting, a special
committee meeting, such as the short subdivision committee, or a scoping
meeting on a draft environmental impact statement. A public meeting does not
include an open record hearing. The proceedings at a public meeting may be
recorded and a report or recommendation may be Included In the city's project
permit application file.
SECTION 2. — Amendment. Section 12.01.040 of the Kent City Code is
amended to read as follows:
Sec. 12.01.040. Project permit application framework.
A. Process types. The following table lists the process types, the
corresponding applications, and parenthetically, the corresponding final decision
maker and appellate body.
Process I Process II
Process III Process IV Process V
Process VI
Applications: Zoning permit Administrative
Conditional use Planned unit Final plat (6)
Zoning of
review (1) (7) design review
permit (5) (10) development (10)
newly annexed
(1) (7)
(6) (10) with
lands (6) (10)
change of use
implement new
Performance
Shoreline
Sign variance
Special use
Area -wide
standards
substantial
(5) (10)
combining
rezones to
procedures (1)
development
district (6) (10)
implement new
(7)
permit (1) (9)
city policies (6)
— ,
(10) -
Sign permit (1)
Accessory
Special home
Rezone (6)
Comprehensive
(7)
dwelling unit
occupation
(10)
plan
permit (1) (7)
permit (5) (10)
amendments
.,, (6) (10)
Lot line
Administrative
Variance (5)
Development
adjustment (1)
variance (1)
(10)
regulations (6)
(7)
(7)
.., _
(10)
Administrative
Downtown
Shoreline
Zoning map
interpretation
design review,
conditional use
amendments
(1) (7)
all except for
permit (5) (9)
(6) (10)
minor remodels
—
(3) (7)
,
4 Chapter 12.01 -Administrative
Development Regulations
Apphcabons:
Process I
Process II
Process III
Application
Downtown
Shoreline
conditional
design review,
vanance (5)
certification
only minor
(9)
multifamily tax
remodels (1)
exemption (1)
(7)
(8), all other
multifamily tax
exemption (1)
(7)
Development
Multifamily
Preliminary plat
plan review
design review
(5) (8)
(planning
(1) (7)
manager,
building
official, or
public works
director) (7)
Administrative
Binding site
approval/WTF
plan (2) (7)
(1) (7)
Mobile home
Short
Planned unit
park closure
subdivision (4)
development
(11) (7)
(7)
(5) (10)
without a
change of use
(1) Final decision made by planning manager
(2) Final decision by binding site plan committee
(3) Final decision made by downtown design review committee.
(4) Final decision made by short subdivision committee
(5) Final decision made by hearing examiner
(6) Final decision made by city council
Process IV Process V Process VI
Zoning text
amendments
(6) (10)
(7) Appeal to hearing examiner
(8) Appeal to city council
(9) Appeal to shoreline hearings board
(10) No administrative appeals
(11) Final decision made by manager of
housing and human services.
5 Chapter 12.01 -Administrative
Development Regulations
B. Process procedures. The following table lists the process types and the
corresponding procedures.
Project Permit Applications (Processes I — V) Legislative
Process I Process II Process III Process IV Process V Process VI
Requires pre- Yes, for projects Yes, for projects Yes, for projects Yes No No
application requiring SEPA requiring SEPA requiring SEPA
conference review review review
Notice of Yes, for projects Yes, for projects Yes Yes No No
application, requiring SEPA requiring SEPA
review review, short
plats, and
shoreline
substantial
development
permits
Recommendatio N/A N/A N/A Hearing N/A Land use and
n made by
Final decision Planning Planning Hearing
made by manager, manager, examiner
budding official, downtown
public works design review
director, or committee,
manager of
binding site plan
housing and
committee, or
human services
short
as applicable
subdivision
committee, as
hearing
noted in KCC
1201 140
Open record Yes, if appealed,
Yes, if appealed, No
appeal: then before
then before
hearing
hearing
exammer
examiner
examiner planning board
City council, City council City council
based upon
record made
before hearing
examiner
No No No
Open record
No
No
Yes, before
Yes, before
No
Yes, before land
hearing
hearing
hearing
use and
examiner to
examiner to
planning board
make final
make
to make
decision
recommendatio
recommendatio
n to council
n to city council,
and/or before
city council
Reconsideration.
No
No
Yes, of hearing
Yes, of hearing
No
No
examiner's
examiner's
decision
recommendatio
n
Closed record
Only if appeal of
Only if
Only if
No
No
No
appeal,
denial of
appealed, then
appealed, then
multifamily
before the
before the
conditional
shoreline
shoreline
certificate, then
hearings board
hearings board
before the city
if applicable
if applicable
council
a
Judicial appeal:
Yes
Yes
Yes
Yes
Yes
_
Yes
6 Chapter 12.01 -Administrative
Development Regulations
SEC77ON 3, — Amendment. Section 12.01.145 of the Kent City Code is
amended to read as follows:
12.01.145. Notice of pablie hear-ingoRen record hearing.
A. Notice of pu&khe&iRgppen record hearing for all types of applications
The notice given of an publie heaF'nElopen record hearing required in this
chapter shall contain:
1. The name of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form of
either a vicinity location sketch or written description, other than a legal
description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide
testimony;
6. When and where information may be examined, and when and
how written comments addressing findings required for a decision by the
hearing body may be submitted;
7. The name of a city representative to contact and the telephone
number where additional information may be obtained;
8. That a copy of the application, all documents and evidence relied
upon by the applicant and applicable criteria are available for inspection at no
cost and will be provided at the cost of reproduction; and
9. That a copy of the staff report will be available for inspection at
no cost at least five (5) calendar days prior to the hearing and copies will be
provided at the cost provided for in the city's public record disclosure policy.
7 Chapter 12.01 -Administrative
Development Regulations
B. Mailed notice ofrecord hearin4. Mailed notice of the
publ+e hear+rlgopen record hearing shall be provided by the city as follows:
1. Process I, II and V actions No public notice is required because
an tie—NublIE heaFH-,gopen record hearing is not held. Notice for short plat
meetings is mailed to property owners within two hundred (200) feet. Shoreline
permit notices shall be in accordance with the requirements of WAC 173-27-110.
2. Process IF and IV actions The notice ofpublie-hear�gopen
record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of the
county assessor's office within three hundred (300) feet of the subject property;
and
c. Any person who submits written comments, delivered to the
planning services offices, regarding the project permit.
3. Process IV preliminary plat actions. In addition to the general
notice of publie hear-ngopen record hearing requirements for Process IV actions
above, additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or within two
(2) miles of the boundary of a state or municipal airport shall be given to the
Secretary of Transportation, who must respond within fifteen (15) calendar days
of such notice.
b. Special notice of the hearing shall be given to adjacent land
owners by any other reasonable method the city deems necessary. Adjacent
land owners are the owners of real property, as shown by the records of the
King County assessor, located within three hundred (300) feet of any portion of
the boundary of the proposed subdivision. If the owner of the real property
which is proposed to be subdivided owns another parcel or parcels of real
property which lie adjacent to the real property proposed to be subdivided,
8 Chapter 12,01 -Administrative
Development Regulations
notice under RCW 58.17.090(1)(b) shall be given to owners of real property
located within three hundred (300) feet of such adjacently owned parcels.
4. Process VI actions For Process VI legislative actions, the city
shall publish notice as described in subsection (C) and D of this section, and
use all other methods of notice as required by RCW 35A.12.160. For privately_
proposed amendments to the comprehensive plan land use map, notice of the
open record hearing shall be mailed to: a) The applicant; b) All owners of real
property as shown by the records of the county assessor's office within three
hundred (300) feet of the affected property; and c Any person who has
requested notice. For revised geographic scope of the privately -proposed land
use map amendments, notice of the open record hearing shall be given by
notification of all property owners within the revised land use map amendment
area.
C. Procedure for posted or published notice of pubfie §ear'ngflpen record
heann .
1. Posted notice of the publie—hearingopen record hearing is
required for all Process III and IV actions. The posted notice of hearing shall be
added to the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the publie heafiflgopen record hearing is
required for all Process III and IV procedures. The published notice shall be
published in a newspaper of general circulation within the city and contain the
following information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Comment period dates; and
e. Location where the complete application may be reviewed.
9 Chapter 22, 01 - Administrative
Development Regulations
3. Published notice of the open record hearing is required for all
Process VI procedures. The notice shall be published in a newspaper of general
circulation within the city and shall contain the project description and the
location where the complete file may be reviewed.
D. Time and cost of notice ofp• •`�;ieT,ear,gopen record hearing.
1. Notice shall be mailed, posted and first published not less than
ten (10) calendar days prior to the hearing date. Any posted notice shall be
removed by the applicant within seven (7) calendar days following the
conclusion of publiE heafingthe open record hearmg(s).
SECTION 4. — Amendment. Chapter 12.01 of the Kent City Code is
amended to add a section entitled "Notice of city council meetings on project permit
applications" as follows:
Sec 12.01.147. Notice of city council meetings on project permit
applications. Mailed notice of city council meetings on Process IV and VI project
permit applications shall be provided by the city to parties of record.
SECTION S. —Amendment. Section 12.01.195 of the Kent City Code is
amended to read as follows:
Sec. 12.01.195. Closed record appeal.
A. This section shall allow for closed record appeals as provided in the
framework of KCC 12.01.040. A closed record appeal hearing shall be on the
record before the hearing body and no new evidence may be presented, unless
the new evidence is limited to information that could not have been placed on
the record previously.
B. Administrative appeals Only parties of record may initiate an
administrative appeal on a project permit application.
10 Chapter 12.01 - Administrative
Development Regulations
C. Time to Ale. An appeal must be filed within fourteen (14) calendar days
following issuance of the notice of decision. Appeals must be delivered to the
planning services office by mad, personal delivery, or received by fax before
4:30 p.m. on the last business day of the appeal period.
D. Computation of time. For the purposes of computing the time for filing
an appeal, the day the notice of decision is rendered shall not be included. The
last day of the appeal period shall be included unless it is a Saturday, Sunday, a
day designated by RCW 1.16.050, or by the city's ordinances as a legal holiday,
then it also is excluded and the filing must be completed on the next business
day (RCW ""�4PQ5A.21.080).
E. Content of appeal. Appeals shall be in writing, be accompanied by an
appeal fee as set by the city council, and contain the following information:
1. Appellant's name, address, and phone number;
2. Appellant's statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the
appeal;
4. Appellant's statement of grounds for appeal and the facts upon
which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes
the contents to be true, followed by the appellant's signature.
F. Effect. The timely filing of an appeal shall stay the effective date of the
decision until such time as the appeal is adjudicated by the hearing examiner or
city council.
G. Order of proceedings. The closed record appeal shall only be open for
oral argument by the parties to the appeal.
H. Burden ofproof. The burden of proof is on the appellant.
11 Chapter lZ,O1 -Administrative
Development Regulations
SECTION 6. — Salinas. The existing chapter 12.01 of the Kent City Code,
which is repealed and replaced 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 portion of this ordinance and the same
shall remain in full force and effect.
SECTION B. — Effective Date. This ordinance shall take effect and be in force
thirty (30 )days from and after its passage provided by law.
ATTEST:
2&_','t� 94 Ze��
BRENDA JACOBER, CITY ERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
LISHED
[O day of
�y day of
day of
?006.
2006.
2006.
12 Chapter 12, 01 -Administrative
Development Regulations
I hereby certify that this is a true copy of Ordinance No.
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 \Civil\ORDINANCE\12-01-AdminDevRegs do
BRENDA JACOBER, CITY/CLERK
13 Chapter 12.01 -Administrative
Development Regulations
✓n
_
13 Chapter 12.01 -Administrative
Development Regulations