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HomeMy WebLinkAbout3839 (36)CFN=121 - Rezones Passed - 8/7/2007 Vista Landing Rezone Recorder's # 20070830002119 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. --) 0 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 3 acres of property located at 10040 SE 267" Street from SR -4.5 (Single -Family Residential, 4.5 units per acre) to SR -6 (Single -Family Residential, 6 units per acre). (Vista Landing Rezone RZ-2006-9). RECITALS A. An application was filed on July 27, 2006, to rezone approximately 3 acres of property located at 10040 SE 267th Street from SR -4.5 (Single -Family Residential, 4.5 units per acre) to SR -6 (Single -Family Residential, 6 units per acre). (Vista Landing Rezone, #RZ-2006-9). B. The City's SEPA responsible official issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV -2006-54) for the proposed rezone on January 24, 2007. C. A public hearing on the rezone was held before the hearing examiner on February 21, 2007. On March 6, 2007, the hearing examiner issued findings and conclusions that, with the condition that any subsequent subdivision shall be limited to no more than thirteen (13) lots, the Vista Landing 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 1 Vista Landing Rezone rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. Based on these findings and conclusions, the hearing examiner recommended approval of the Vista Landing Rezone. D. On April 3, 2007, the City Council determined that the application was inconsistent with section 15.09.050(C) of the Kent City Code and voted to deny the application. On April 17, 2007, the City Council adopted Resolution No. 1752 officially denying the Vista Landing Rezone application. E. On April 30, 2007, the applicant filed a Land Use Petition appeal with King County Superior Court, Case No. 07-2-13882-0 KNT. Council and the applicant desire to settle this litigation and as part of that settlement Council has agreed to review the record in this matter. Having done so, Council accepts the findings and conclusions of the hearing examiner and approves the Vista Landing rezone application amending the zoning from SR 4.5 to SR 6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals, which are incorporated by this reference, constitute the council's findings on this matter. SECTION 2. — Rezone. The property located at 10040 SE 267th Street in Kent, Washington consisting of approximately 3 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), with the condition that any subsequent subdivision shall be no more than thirteen (13) lots. The City of Kent zoning map shall be amended to reflect the rezone granted above. 2 Vista Landing Rezone SECTION 3. - Severabdity. 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, CIT]VCLERK APPROVED AS TO FORM: K' TOM BRUB KER, CITY ATTORNEY PASSED:_ day of , 2007. APPROVED:_ day of 1 2007. PUBLISHED: day of 2007. I hereby certify that this is a true copy of Ordinance No. passed by th_e City Council of the City of Kent, Washington, and approved by the Mayor of the City -of Kent as hereon indicated. BRENDA JACOBER, CITY ERK \Civil\Ordinance\Rezone-VistaLanding-LUPA doc 3 Vista Landing Rezone Vicinity Map, NOT TO SCALE EXHIBIT "A" EXHIBIT "B" THE EAST 3 ACRES OF THE WEST 6 ACRES OF THE FOLLOWING; NORTH 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SECTION 29, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON LESS THE NORTH 595 FEET LESS THE COUNTY ROAD Return Address: Attn: City Clerk City of Kent 220 Fourth Ave. S. Kent, WA 98032 PACIFIC NW TIT ORD PAGE001 OF 008 08/30/2007 15:17 KING COUNTY, WA WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3855 authorizing the rezoning of approximately 3 acres of property located at 10040 SE 267th Street 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: Ptn. of STR 29-22-05, City of Kent, W.M., King County Additional legal description is on Exhibit "B" of document. Assessor's Property Tax Parcel/Account Number(s): 2922059211 Project Name: Vista Landing Rezone �4 ,I - \14 -��" Said docurnengs) were filed for rsoard by Pacific Northwest Trtle as ascpmmodation only It I>" not been sxaminod as to proper exaoufron or as to fts affect Mon t tIc QIP