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Home My WebLink About3839 (43)EIII, Ill CFN=121 - Rezones Passed - 7/26/2007 Orme Rezone Recorder's # 20070830002116 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.. 6 4 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 5.67 acres of property located at 25410 132nd Avenue Southeast, from SR -4.5 (Single -Family Residential, 4.5 units per acre) to SR -6 (Single -Family Residential, 6 units per acre). (Orme Rezone, #RZ-2006-6). RECITALS A. An application was filed on April 20, 2006, to rezone approximately 5.67 acres of property located at 25410 132nd Avenue Southeast, in Kent, i Washington, from the current zoning of SR -4.5 (Single -Family Residential, 4.5 units per acre) to SR -6 (Single -Family Residential, 6 units per acre). (Orme . Rezone, #RZ-2006-6). B. The City's SEPA responsible official issued a Revised Mitigated Determination of Nonsignificance (RMDNS) (#ENV -2006-30) for the proposed rezone on August 11, 2006. i C. A public hearing on the rezone was held before the hearing examiner on September 27, 2006. On October 9, 2006, the hearing examiner issued findings and conclusions that the Orme Rezone is consistent with the city's Comprehensive Plan; that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity; that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone; and that the proposed rezone will not adversely r affect the health, safety, and general welfare of the citizens of the City of Kent. 1 Orme Rezone ; Based on these findings and conclusions, the hearing examiner recommended approval of the Orme Rezone. D. On November 7, 2006, the City Council determined that the proposed rezone was inconsistent with sections 15.09.050(C)(2) and (3) of the Kent City Code and, therefore, denied the Orme Rezone application. On November 21, 2006, the City Council adopted Resolution No. 1741, officially denying the Orme Rezone application. E. On December 7, 2006, the applicant filed a Land Use Petition and l Complaint for Damages with King County Superior Court, Case No. 06-2-38467-9 9 KNT. A hearing was held on July 10, 2007, during which Superior Court Judge Richard Jones issued an oral decision reversing the City Council's decision and; remanding the matter back to the City for the purpose of granting the rezone application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, € WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated herein. d SECTION 2. — Rezone. The property located at 25410 132"d Avenue Southeast, in Kent, Washington consisting of approximately 5.67 acres depicted in Exhibit "A" (marked "Vicinity Map"), attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from SR -4.5 (Single -Family Residential, 4.5 units per acre) to SR -6 (Single -Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. 2 Orme Rezone 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 five (5) days from and after Its publication as provided by law. ATTEST: BRENDA JACOBER, CIT1(ICLERK APPROVED AS TO FORM: T AER, CITY ATTORNEY PASSED: day of , 2007. APPROVED: a day of /f , 2007. PUBLISHED: _� day of Z , 2007. I hereby certify that this is a true copy of Ordinance No.3 9 Cie passed--by-the-Ci(y Council of the City of Kent, Washington, and approved by the Mayor of_>Fhe City of Kent as hereon indicated. ' 'Z EAL) BRENDA ]ACOBER, CV CLERK P \Civil\Ordinance\Rezone-Orme-WPAOrder doc 3 Orme Rezone VICINITY MAP N.T.S. EXHIBIT "A" 0 w Y MERIDIAN VALLEY 4 L COUNTRY CUB w a_ w wI w � 00 Q = wIca a _ SITE - ' > Q s SE 256TH ST N w , w w SE 260TH ST ,Q _ �d F- N P SE 266TH ST SE 268TH ST F01 H ST lfie• - `�/ 1T 9..l int ['V onAn VICINITY MAP N.T.S. EXHIBIT "A" 0 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 TOWNSHIP 22 NORTH RANGE 5 EAST W. M. IN THE CITY OF KENT COUNTY OF KING, STATE OF WASHINGTON DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 22 THENCE N -01-03-30E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SATO SECTION 22 A DISTANCE OF 549.00 FEET; THENCE S88 -47-18E PARALLEL WITH THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING S88 -47-18E PARALLEL WITH THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 728.00 FEET, THENCE S01 -03-30W PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00 FEET, THENCE S88 -47-18E PARALLEL WITH THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00 FEET; THENCE SOI -03-30W PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 259.00 FEET; THENCE H88 -47-18W PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 200.50 FEET TO THE EASTERLY BOUNDARY OF SUISE CREEK CEMETERY ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS AT PAGE 93 THENCE NO1-03-30E PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND EAST LINE OF SAID PLAT A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID SUISE CREEK CEMETERY PLAT, THENCE ALONG THE NORTH LINE OF SAID CEMETERY N88 -47-18W PARALLEL WITH THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 578.00 FEET, THENCE NOI-03-30E PARALLEL WITH THE WEST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 100.00 FEET; THENCE N88 -47-18W PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00 FEET TO THE EASTERLY MARGIN OF 132ND AVENUE S. E; THENCE N01 -03-30E ALONG W MARGIN AND PARALLEL WITH THE WEST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 199.00 FEET TO THE TRUE POINT OF BEGINNING, AND THE TERMINUS OF THIS DESCRIPTION, SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH AN EASENENT FOR INGRESS, EGRESS AND UTILITIES DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 5 EAST W. M. WHICH IS 908 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SUBDMSION 429 FEET; THENCE WEST 30 FEET, THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS WEST 20 FEET, AN ARC DISTANCE OF 31.42 FEET; THENCE SOUTH 20 FEET, THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20 FEET, AN ARC DISTANCE OF 31.42 FEET; THENCE SOUTH 369 FEET MORE OR LESS, TO THE SOUTH UNE OF SAID SUBDIVISION; THENCE EASTERLY 30 FEET TO THE POINT OF BEGINNING. EXCEPT THE SOUTH 30 FEET FOR ROAD. EXHIBIT "B" Return Address: Attn: CityClerk City of Kent 220 Fourth Ave. S. Kent, WA 98032 1111111111111111111111 C 116 45.00 WASHINGTON STATE COUNTY AUDITOR/ RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3848 authorizing the rezoning of approximately 5.67 acres of property located at 25410 132"d Avenue Southeast from Single Family Residential 4.5 units per acre to Single Family Residential 6 units per acre. Reference Number(s): N/A Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): The Public Abbreviated Legal Description: Ptns. of STR 22-22-05, City of Kent, W.M., King County Additional legal description is on Exhibit "B" of document. Assessor's Property Tax Parcel/Account Number(s): 222205-9058, 222205-9098 and 222205-9099 Project Name: Orme Rezone 11sS-`� $a+d docu,Tmgs) werr food #Dr r4lcd by PaoitIC Northwest Tme as accommodation only. It hoc act linen 3xamined ac to proper wealoon or as 10 its affect upon title.