HomeMy WebLinkAbout3818Ordinance No. 3818
(Amending or Repealing Ordinances)
CFN=377 — Comprehensive Plan
CFN=131— Zoning Code Amendments
Passed — 11/7/06
Muth Zoning/Land Use Map -Amendment
ORDINANCE NO. 9(P °
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent Zoning Map to
change the zoning designation from Agricultural, 10
acres per unit (AG -10) to a zoning designation of Single
Family Residential, 1 unit per acre (SR -1), (CPZ-2006-
1); and amending the City of Kent Comprehensive Plan
to change the land use designation from Agricultural
Resource Land (AG -R) to a land use designation Urban
Separator (US) (CPA -2006-2) for property located at
21320-42 nd Avenue South.
RECITALS
A. The city of Kent received an application from Silver Oaks LLC to
amend the comprehensive plan's land use map designation and amend the zoning
map designation of the property located at 21320 - 42nd Avenue South (CPZ-
2006-1 and CPA -2006-2), hereafter the "Muth Amendments". The Kent city
council adopted Resolution 1720 declaring that an emergency exists and
authorizing staff to process the proposed amendment to the comprehensive plan
outside of the annual amendment process.
B. Subsequent to filing the application, the development rights for
this parcel have been purchased back from King County and the city of Kent has
accepted the deed to the parcel from the applicant. As the owner of the parcel,
the city has entered into an agreement whereby Silver Oaks LLC will construct on
the upland portion of the property a storm detention facility and the remainder of
the parcel will be used for enhancement of Johnson Creek and its associated
wetland and buffer.
1 Muth Zoning/Land Use Map -
Amendment
C. The city of Kent Land Use & Planning Board held a public hearing
on the Muth Amendments on September 25, 2006. The Planning and Economic
Development Committee considered the application at its meeting on October 16,
2006. The Committee made the following recommendations: amendment of the
city of Kent's zoning map designation to Single Family Residential, 1 unit per acre
(SR -1) for CPZ-2006-1, and amendment to the City of Kent's land use map
designation to Urban Separator (US) for CPA -2006-2.
D. On September 18, 2006, the city's SEPA responsible official adopted
a existing environmental documents consisting of the City of Kent Comprehensive
Plan Environmental Impact Statement (ENV -93-51) and SEPA Addendum dated
November 15, 2004 (ENV -2004 -53(A -D)). The SEPA Addendum explained that
the Muth Amendments would not create unavoidable impacts beyond those
previously identified in the EIS.
E. On August 29, 2006, the city provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington of the Muth
Amendments. The sixty (60) day notice period has lapsed.
F. The Muth Amendments are consistent with the standards of review
for zoning amendments in section 15.09.050(C) of the Kent City Code (KCC), and
with the stand of review for comprehensive plan amendments in KCC section
12.02.050.
G. On November 7, 2006, the Kent City Council made the following
decisions on the Muth Amendments:
1. Approve a zoning designation amendment from Agricultural,
10 acres per unit (AG -10) to a zoning designation of Single Family
Residential, 1 unit per acre (SR -1), as depicted on the map
attached and incorporated as Exhibit "A," (CPZ-2006-1).
2. Approve a comprehensive plan amendment from a land use
designation of Agricultural Resource Land (AG -R) to a land use
designation of Urban Separator (US), as depicted on the map
attached as Exhibit "B" and incorporated by this reference (CPA -
2006 -2).
2 Muth Zoning/Land Use Map—
Amendment
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION i. - Incorporation of Recitals. The preceding recitals are
incorporated herein.
SECTION 2, - Amendment. The city of Kent zoning map is amended to
establish a new zoning map designation for the property located at 21320 - 42nd
Avenue South, Kent, Washington, and legally described on the attached and
incorporated Exhibit "C." The amendment is from a zoning designation of
Agricultural, 10 acres per unit (AG -10) to a zoning designation of Single Family
Residential, 1 unit per acre (SR -1), as depicted in the map attached and
incorporated as Exhibit "A."
SECTION 3. - Amendment. The city of Kent comprehensive plan by is
amended to establish new land use designations for the property located at 21320
- 42nd Avenue South, Kent, Washington, and legally described on the attached
and incorporated Exhibit "C". The amendments is from a land use designation of
Agricultural Resource Land (AG -R) to Urban Separator (US)as depicted on the
map attached as Exhibit "B" and incorporated by this reference (CPA -2006-2).
SECTION 4. - Severability. If any one or more sections, 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 5. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after the date of passage and publication as
provided by law.
3 Muth Zoning/Land Use Map -
Amendment
ATTEST:
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APPROVED AS TO FOR
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TOM BRUBAKE , CITY ATTORNEY
PASSED; _7 day of November, 2006.
APPROVED: �_ day of November, 2006.
PUBLISHED: day of November, 2006.
I hereby certify that this is a true copy of Ordinance No. -D3
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
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BRENDA JACOBER, I CLERK
4 Muth Zoning/Land Use Map—
Amendment
EXHIBIT "A"
Muth
CPZ 2006-1
From: Agricultural (A-10)
To: Single -Family Residential 1 du/acre (SR -1)
1
1
1
1
1
S212St
1 Single -Family Residential
Legend 1 du/acre (SR -1)
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Planning Services
October 2006
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EXHIBIT "B"
Muth
CPA 2006-2
From: Agricultural Resource Land (AGR)
To: Urban Separator (US)
1
1
1
1
1
S212St
Legend
Urban Separator (US)
� *CITY LIMITS
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PARCELS
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October 2006
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EXHIBIT "C"
The North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township
22, Range 4 East, W.M. except the East 195.52 feet thereof, and except that
portion lying within 42nd Avenue South (Win. A, Johnson Road No. 1432), and
except that portion lying within the right-of-way for Drainage Ditch No. 2, and
except that portion conveyed to King County for Orillia Road (S. 212'h St.) by
deeds recorded under # 5975361 and 5975362, records of King County,
Washington