HomeMy WebLinkAbout3839 (34)CFN=121 — Rezones
Passed — 8/21/2007
Kent 256th Rezone
Recorder's # 20071008001342
The date ["Beginning July 1, 1998"1 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. JF��
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 1 28 acres of
property located at 13403 Southeast 256th Street from
SR -4.5 (Single -Family Residential, 4.5 units per acre) to
SR-6(Sing le- Family Residential, 6 units per acre) (Kent
256" RZ-2006-4).
RECITALS
A. An application was filed on February 23, 2006, to rezone
approximately 1.28 acres of property located at 13403 Southeast 256th Street
from SR -4.5 (Single -Family Residential, 4.5 units per acre) to SR -6 (Single -Family
Residential, 6 units per acre). (Kent 256th Rezone, #RZ-2006-5).
B. The City's SEPA responsible official issued a Mitigated Determination
of Nonsignificance (MDNS) (#ENV -2006-15) for the proposed rezone on August
18, 2006.
C. A public hearing on the rezone was held before the hearing
examiner on October 4, 2006. On October 25, 2006, the hearing examiner issued
findings and conclusions that the Kent 256th 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
affect the health, safety, and general welfare of the citizens of the City of Kent.
1 Kent 256th Rezone
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Based on these findings and conclusions, the hearing examiner recommended
approval of the Kent 256th Rezone.
D. On November 21, 2006, the City Council determined that the hearing
examiner's findings and conclusions were inconsistent with section 15.09.050(C) of
the Kent City Code, and denied the Kent 256th Rezone application On December
12, 2006, Kent City Council adopted Resolution No. 1745, officially denying the
Kent 256th Rezone application.
E. On December 29, 2006, the applicant filed a Land Use Petition
Appeal with King County Superior Court, Case No. 06-2-40615-0 KNT. A hearing
was held on June 4, 2007, and on July 30, 2007, Superior Court Judge Deborah
Fleck issued a Judgment and Order reversing the City Council's decision and
remanding the matter for the purpose of granting the rezone given the Judge's
finding in a Memorandum of Decision dated July 3, 2007.
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. - Rezone. The property located at 13403 Southeast 256th
Street in Kent, Washington consisting of approximately 1.28 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 Kent 256th Rezone
M
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:
RENDA JACOBER, CITWCLERK
APPROVED AS
AS TO FORM:: L'_'
VW \
TOM BRUBAKER, CITY ATTORNEY
PASSED: a day of , 2007.
APPROVED: 02 day of , 2007.
PUBLISHED: day of , 2007.
I hereby certify that this is a true copy of Ordinance No. ��5� passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of
the City of Kent as hereon indicated.
sc..��✓ 2/ (SEAL)
=� BRENDA JACOBER,CVY
CLERK
P \Civil\Ordinance\Rezone-Kent256-LUPA-Order doc
3 Kent 256th Rezone
APPLICATION NAME- KENT 256TH EXHIBIT "A"
REQUEST REZONE #RZ-2006-4
VICINITY MAP
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APPLICATION NAME- KENT 256TH EXHIBIT "A"
REQUEST REZONE #RZ-2006-4
VICINITY MAP
LEGAL DESCRIPTION
THE NORTH 354 FEET OF THE GOVERNMENT LOT 2, SECTION 27, TOWNSHIP
22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT
THE WESTERLY 639.84 FEET THEREOF; AND EXCEPT THE EASTERLY 502
FEET THEREOF;
AND EXCEPT THE NORTH 30 FEET CONVEYED TO KING COUNTY BY DEED
RECORDED UNDER RECORDING NUMBER 2677716.
EXHIBIT "B"
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Return Address:
Attn: City Clerk
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
WASHINGTON STATE COUNTY AUDITOR/ RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3857 authorizing the rezoning of
approximately 1.28 acres of property located at 13403
Southeast 256th 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 27-22-05, City of Kent, W.M., King
County
Additional legal description is on Exhibit "B" of document.
Assessor's Property Tax Parcel/Account Number(s): 2722059218
Project Name: Kent 256th Rezone
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