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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 *01 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 'fs — SE YSBtl� 3Lnot _ _ SITE r c• a_. 6 ', I y s, g I . f_. _. sNz— f 1• TA (i Mf 14 w T;68 `f f f a fE a a — 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" .bo ILI 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 ( V t�V,i��IJ)vS Q I'!-,), Q �5 r "d � (S) WWO iilgt j for aOwd by Pacific Northw9st 7WW ae a°oommodabon only It has not been 3xaminod ac to proper excouMon or as to its affect upon title U