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Home My WebLink About4435ORDINANCE NO. 4435 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of a 2.23-acre parcel located at 24032 116th Ave SE, Kent, Washington from NCC (Neighborhood Convenience Commercial) to MRT-16 (Multifamily Residential Townhouse District). RECITALS A. An application to rezone one parcel located at24032116th Ave SE, Kent, Washington, totaling approximately 2.23 acres in size, from the current zoning of NCC (Neighborhood Convenience Commercial) to MRT-16 (Multifamily Residential Townhouse District), was filed on November 4, 2O2L, by Imad Bahbah of IHB Architects (Gill Rezone RZ-2027-3, KrvA#RPP4-221477t). B. An application for review under the State Environmental Policy Act (SEPA) was received in conjunction with this rezoning request. A public notice utilizing the optional notice process in RCW 43.ZIC.LLO was published on November 19, 202L, and a public comment period ran through December 3, 2021, The City received no public comments on the proposal during that period. During the review of the application materials and applicable statutes, staff determined that the proposed rezone meets the three (3) criteria in WAC t97-L1-800(6)(c)(i-iii) that qualify the proposal as categorically exempt from review under SEPA, Accordingly, no threshold determination was issued and the City cancelled the SEPA review application. 1 Gill Rezone C. After the publication and giving of notice, some questions regarding the rezone request were submitted to staff by one member of the community. Those questions were answered by staff. The Hearing Examiner held an open record hearing on the rezone request on April 27, 2022, using remote access technology. The City requested that the record be left open until April 29, 2022, to allow any member of the public having difficulty connecting to the remote hearing to submit written comments in lieu of live testimony. No public comments were submitted and, accordingly, the record closed on April 29,2022. D. Following the public hearing, on May 13, 2022, the Hearing Examiner issued his findings and conclusions that the Gill Rezone is consistent with the City's comprehensive plan, that the proposed rezone and any subsequent development would be compatible with the existing neighborhood, that the proposed rezone would not unduly burden the transportation system, that circumstances have changed substantially to warrant the proposed rezone, and that the proposed rezone would not adversely affect public health, safety and general welfare of the citizens of the city of Kent. E. Based on these findings and conclusions, the Hearing Examiner recommended Council approve the Gill Rezone. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7. - Hearing Examiner's Findings and Conclusions Adopted. The Hearing Examiner's findings and conclusions pertaining to the Gill Rezone issued on May L3, 2022, are consistent with section 15.09.050(C) of the Kent City Code. The City Couhcil hereby adopts the findings and 2 Gill Rezone conclusions of the hearing examiner as its own, and the City Council adopts the Hearing Examiner's recommendation for approval of the Gill Rezone of the 2.23-acre parcel from NCC (Neighborhood Convenience Commercial) to MRT-16 (Multifamily Residential Townhouse District)' SE9TION 2. - Rezone. The property located at24o32116th Ave SE, Kent, Washington, consisting of approximately 2.23 acres of land as depicted in the attached and incorporated Exhibit "A," and legally described in the attached and incorporated Exhibit "B," is rezoned as follows: King County tax parcel number 2122059048 located in Kent, Washington, shall be rezoned from NCC (Neighborhood Convenience Commercial) to MRT-16 (Multifamily Residential Townhouse District). The city of Kent zoning map shall be amended to reflect the rezone granted above. SE0TION 3. - Corrections bv citv clerk or code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect, SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty 30 days from and after its passage' 3 Gill Rezone DANA RALPH, ATTEST: June 21, 2022 Date Approved June 21. 2022 Date Adopted June 24, 2022 Date Published KIM RLEY A MOTO, CITY CLE AS TO FORM: ITE, ACTING CITY ATTORNEY A 4 Gill Rezone EXHIBIT A EXHIBIT B TEGAL DESCRIPTION PORTION OF NW QTR NW QTR STR 21-22-05 DAF: COMMENCING AT INTERSECTION OF S MARGIN OF SE 24OTH ST AS ESTABLISHED PER RECORDING NO 9604051351 AND E LINE OF W 263 FT OF SAID NW QTR TH SOO- 54-45W ALONG SAID E LINE 3O2.OO FT TO TPOB TH CONTINUING SOO-54-45W ALONG SAID E LINE 416.14 FT TO S LINE OF N 768.14 FT TH ALONG SAID S LINE N88-57-59W 221.13 FT TO E MARGIN OF 116TH AVE SE AS ESTABLISHED BY RECORDING NO 9604051351 TH NOO-54-45E ALONG SAID E MARGIN 451.68 FT TH LEAVING SAID E MARGIN 589-05-15E 143.56 FT TH SOO-54-45W 36.00 FT TH s89-05-1 5E77.44 FT TO TPOB (AKA "NEW LOT B" DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NO LL-2OOO-27 RECORDING NO 200001 1 8001 303) sTAl'ri oF WASI{INGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal ncwspaper of gcneral circulation and is now and has been for more than six months prior to thc date of publication hereinafter referred to, published in the llnglish language continuously as a weekly newspaper in King County, Washington, 'I'he Kent- Covington Reporter has been approved as a l,egal Newspaper by ordcr o[ the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues o1' the Kent- Covington l{eporter (and not in supplcment" form) which was rcgularly disuibuted to its subscribers during the below statcd pcriod.'fhc anncxed notice, a: Public Notice #K8N9s7040 was published on June 24r 2022 The full amount of the fee charged for said foregoing publication is the sumof $217 69 l{udi A}cott Vice President, Advert ising Subscribed and sworn to me this 8'h day of September,2022 . 'tiibbett, Notary Public for thc Statc of Washington, Residing in ng, Washington ttlllt DER gsT,ARr PUg.LIC WA ;;.ri.'-'a&-.t*.:r*l :ii,:'.:r+o.'i+1ffii#g.: CITY OF KENT NOTICE OF ORDI. NANCES PASSED BY THE CITY COUNCIL The following are 6um- maries of otdinances passed by the Kent Cilv Council on June 21.anna ORDINANCE NO. 4430 - AN ORDINANCE of lhe City Council of lhs Cityof Kent, Washington, amending Chapter 2.34 of the Kent Ciiy Code.entitle.' "Municipal Court". to adjust the salarie$ for Judges. JUdg-es pro lem. and courl conrmissioners. This or- dinance shall take etfect and be in force 30 days from and after it5 pas- sage, as provided by law. Oncs this ordinanceis effective. llle salary provisiqns shall apply retroactively to July 1. 2022. All other provi- sions. it any, shall applv prospectively. ORDINANCE NO. 4431 - AN ORDINANCE of the Crty Council of lhe City of Kenl. Washrnlrlon. va- cating a portion ol Na- don Slreet. also knowi) as Naden A.venue. and reserving an easenrent- Thrs ordinanc€ shall take effect and be in full force five days after the date of publicalion, as provid- €d by law. ORDINANCE NO.4432 - AN ORDINANCE of lhe City Council of the Cily of Kent. Washinglon. va- cating a portion of right- of-way consisting of an alleyway situated be- tw6en propertiss located between Railroad Ave- nue S. to the west and Bridges Avenue S. to the east, and E. Russell St. lo the no(h and E. Mor- Classified Proof I ..'e "5r,.: .. . ' . Proofbd by Jennifer Tribbett, 09108/7022 I l:12:28 arn Pagc: 2 Classified Proof d*€iii *ffii;si'riY' ':l':i;; ton Streel to the $outh. and reseruing an ease- ment and lhe right to grant easements. This ordinanco shall take ef- fect and be in force 30 days konr and afler its passage. as p,ovded by law. oRoINANCE NO. 4433 - AN OROINANCE of the Ciiy Council of the City of Kent. Washington, amendrng the Parks and Recrealion Elomant of the city's Comprehen- sve Plan related io th€ adoption oI lhe 2Q22- 2027 Pa'ir. and Open Space Plan. (CPA-2021-8). Thrs ordi- narfce shall lake eftect and be in force 3O days from and after the date of passage as provided bv law ORDINANCE NO. 4434 - AN ORDINANC€ of the City Council ol lhe Cily of Kent. Washington. re- pealing Section 2 of Or dinence No. 4234 thalhad adopted Kent's 2017 Surface Water De- sign Manual. and adopt-ing Kenl's new 2O22 SurtacB Wat6r Design Manual. This ordinance shall take effect and be in force 30 days from and after its passage. as provKled by law. ORDINANCE NO. 4435 - AN OROINANCE of the Cily Council o{ the City ol Kent, Washinglon. re- lalng to land us6 and zonrng. speclfically the rezorring ol a 2.23-acreparcel located al 24032 116th Ave SE. Kent. Washinglon from NCC (Neighborhood Convenience Commer- cial) to MRT-16 (Multi- family Residential Town- house Dislrict) Thrs ordinanco shall take ef- {€6t and be in force 30 days from and atter its passage. A copy ot th6 conrplete lext of any ordrnance will be mailed upon teqtrest af the Crq/ Clerk Kimbedey A. Komolo, Crty Clerk Kkonloto@KenlWA gov ?53-856-5725 #957040 06t24t22 Prooi'ed by Jennifer Tribbett, 09/08/2022 I l: l2:28 am Page: 3