HomeMy WebLinkAbout1745Resolution No. 17 45
(Amending or Repealing Resolutions)
CFN = 121 -Rezones
Passed -12/12/2006
Kent 256th Rezone - Denial
RESOLUTION NO. ____,_/_?.:........:..L/-=5=---
A RESOLUTION of the City council of the City of
Kent, Washmgton, deny1ng the rezone appl1cat1on for
property located at 24123 94th Avenue South from SR
4.5 (Smgle-Fam1ly Res1dent1al, 4.5 un1ts per acre) to SR
6 (S1ngle-Fam1ly Res1dent1al, 6 umts per acre). (Kent
256th RZ-2006-4)
RECITALS
A. An appl1cat1on was f1led on February 23, 2006, to rezone
approximately 1.28 acres of property located at 24123 94th Avenue South from SR
4.5 (Smgle-Fam1ly Res1dent1al, 4.5 un~ts per acre) to SR 6 (Smgle-Family
Res1dent1al, 6 un1ts per acre). (Kent 256th RZ-2006-4).
B. A public heanng on the rezone was held before the heanng
examiner on October 4, 2006. On October 25, 2006, the heanng exam1ner 1ssued
fmdmgs and conclusions and recommended approval of the rezone.
C. Havmg rev1ewed the record before 1t on the matter, the Kent City
Council voted to deny the Kent 256th Rezone on November 21, 2006. The council
found that the ev1dence presented m the record showed that the proposed SR 6
zon1ng was mcompat1ble w1th development 1n the VICinity, and would burden the
transportation system m the VIC1n1ty w1th S1gn1f1cant adverse Impacts that cannot
be m1t1gated.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1 Kent 256th Rezone -Denial
RESOLUTION
SECTION 1. -Incorporation of Recitals. The precedmg recitals are
incorporated herem.
SECTION 2. -Rezone.
A. The Kent City Counc1l den1es the Kent 256th rezone application
because the proposed rezone does not sat1sfy all of the cntena established m Kent
City Code (KCC) 15.09.050(C). The rezone appl1cat1on 1s cons1stent w1th the
comprehensive plan des1gnat1on, but th1s only sat1sf1es one of the f1ve cntena
requ1red for grant1ng a rezone. KCC 15.09.050(C)(l). In general comprehensive
plan des1gnat1ons may be cons1stent w1th more than one zonmg des1gnat1on. The
comprehensive plan 1s the broader gu1del1ne to wh1ch the zonmg des1gnat1ons
must conform. In the case of the SF 6 comprehensive plan des1gnat1on, there are
two zomng des1gnat1ons that are cons1stent: the current zon1ng of S1ngle-Fam1ly
Res1dent1al, 4.5 un1ts per acre, and the proposed zonmg of Smgle-Fam1ly
Res1dent1al, 6 umts per acre.
B. Counc1l d1sagrees w1th the heanng exammer's conclusion that the
proposed rezone and subsequent development of the s1te would be compatible
w1th development m the VICinity. KCC 15.09.050(C)(2). All real property parcels
adJacent to the north, south, and east of the subJect s1te are zoned at SR 4.5.
Th1s area to the north, south, and east 1s generally charactenzed by larger lots
reflectmg lower dens1ty development. To the north, across Southeast 256th
Street, development IS charactenzed by smgle-fam1ly homes on large parcels.
L1kew1se, directly south of the subJect s1te IS a larger parcel w1th one s1ngle-fam1ly
home. To the east, across 135th Avenue Southeast there IS an established
subdiVISIOn also With larger lots. A rezone resultmg 1n a reductiOn 1n m1mmum lot
s1ze to 5700 square feet for SR 6 zon1ng 1s not compatible w1th the development m
the VICinity.
C. Council d1sagrees w1th the heanng exammer's conclusion that the
proposed rezone w1ll not unduly burden the transportation system m the v1C1n1ty of
the property w1th S1gn1f1cant adverse Impacts wh1ch cannot be m1t1gated. KCC
2 Kent 256th Rezone -Denial
15.09.050(C)(3). Travel along this area of Southeast 256th Street and 132"d
Avenue Southeast IS overburdened. A rezone resultmg 1n higher dens1ty
development w1ll have an adverse Impact on the traff1c flow that cannot be
m1t1gated.
SECTION 3. -Severability. If any sect1on, subsect1on, paragraph,
sentence, clause or phrase of th1s resolution IS declared unconst1tut1onal or mvalid
for any reason, such deciSIOn shall not affect the validity of the rema1nmg port1ons
of th1s resolution.
SECTION 4. -Effective Date. Th1s resolution shall take effect and be m
force 1mmed1ately upon 1ts passage.
PASSED at a regular open public meetmg by the c1ty council of the City of
Kent, Washmgton, th1s /'2---day of December, 2006.
CONCURRED in by the mayor of the city of Kent this
December, 2006.
ATTEST:
~.ae . ./~~
BRENDA JACOBER, CITY ciK
······· APPROVED AS TO FORM: ' ~ kl Cl.N\_ )V\~~ T.x BRUB KER, CITY ATTORNEY
/"2---day of
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3 Kent 256th Rezone -Denial
I hereby cert1fy that th1s is a true and correct copy of Resolut1on No. I 7'/5
passed by the c1ty counCil of the City of Kent, Washmgton, the f'J.-day of
December, 2006.
. . ~ ..
4 Kent 256th Rezone -Denial