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