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Home My WebLink About4499 ORDINANCE NO. 4499 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of three parcels of land totaling 3.56 acres, located off of Canyon Drive in the City of Kent and commonly referred to as King County Tax Parcel Numbers 192205-9230 (also known as 9015 E. Canyon Dr.), 192205-9190, and 192205-9163 (also known as 103 Summit Ave. N.) from MR-D (Duplex Multifamily Residential District) to MR-T16 (Multifamily Residential Townhouse District). RECITALS A. An application to rezone three parcels of land totaling 3.56 acres and located off of Canyon Drive in the City of Kent was filed on May 2, 2024, by Babu Parayil of Parayil, LLC (Parayil Rezone, KIVA #RPP4- 2240627). The application sought to rezone King County Tax Parcel #192205-9230 (also known as 9015 E. Canyon Dr.), #192205-9190, and #192205-9163 (also known as 103 Summit Ave. N.) from MR-D (Duplex Multifamily Residential District) to MR-T16 (Multifamily Residential Townhouse District). B. City staff determined that the proposed rezone was categorically exempt from SEPA review pursuant to WAC 197-11- 800(6)(c)(i-iii), as incorporated into the Kent City Code. 1 Parayil Rezone C. A Notice of Remote Public Hearing was issued on September 20, 2024, providing notice that the public hearing was scheduled for October 2, 2024. The City did not receive any public comments during the public comment period and prior to the closing of the record by the Hearing Examiner. D. Following the public hearing, on October 7, 2024, the Hearing Examiner issued their findings and conclusions that the Parayil Rezone is consistent with the comprehensive plan, that the proposed rezone and subsequent development of the site would be compatible with 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 which cannot be mitigated, that the proposed rezone is warranted and proper because circumstances have changed substantially since the establishment of the current zoning district, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City. E. Based on these findings and conclusions, the Hearing Examiner recommended Council approve the Parayil Rezone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Hearing Examiner's Findings and Conclusions Adopted. The Hearing Examiner's findings and conclusions pertaining to the Parayil Rezone and issued on October 7, 2024, are consistent with Kent City Code § 15.09.050(C). The City Council hereby adopts the findings and conclusions of the Hearing Examiner as its own, and the City Council adopts the Hearing Examiner's recommendation for approval of the Parayil Rezone of the three 2 Parayil Rezone parcels totaling 3.56 acres from MR-D (Duplex Multifamily Residential District) to MR-T16 (Multifamily Residential Townhouse District). SECTION 2. - Rezone. The real property commonly known as King County Tax Parcel #192205-9230 (also known as 9015 E. Canyon Dr.), King County Tax Parcel #192205-9190, and King County Tax Parcel #192205- 9163 (also known as 103 Summit Ave. N.), consisting of approximately 3.56 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 #192205-9230, King County Tax Parcel #192205-9190, and King County Tax Parcel #192205-9163, shall be rezoned from MR-D (Duplex Multifamily Residential District) to MR-T16 (Multifamily Residential Townhouse District). The City of Kent zoning map shall be amended to reflect the rezone granted by this ordinance. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this ordinance is 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. - Corrections by City 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. 3 Parayil Rezone li SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty days from the time of final passage. —P r!) I/ November 5, 2024 DANA RALPH, MAY R Date Approved ATTEST: �• November 5, 2024 KIMBERLEY . KOMOTO, CITY CLERK Date Adopted November 8, 2024 Date Published APPROVED AS TO FORM: TA ` MY WHITE, CITY ATTORNEY 1 RV 0 J P ' . •F�� 9i U R��'_ B 'ye 4 Parayi/Rezone EXHIBIT A � r kk Ad tr A ,. 5 Parayil Rezone EXHIBIT B PARAYIL REZONE LEGAL DESCRIPTION OF PARCEL 192205-9190 PORTION OF S HALF NW QTR SW QTR NE QTR STR 19-22-05 BEGINNING AT SW CORNER OF SAID SUBDIVISION TH N87-54-59E ALONG S LINE THEREOF 198.26 FT TH N00-26- 24W 327.32 FT TO N LINE OF SAID SUBDIVISION TH ALONG SAID N LINE S87-51-29W 131.71 FT TH S00-25-48E 70.00 FT TH S35-13-18W 28.30 FT TH S87-51-29W 50.00 FT TO POINT ON W LINE OF SAID SUBDIVISION TH ALONG SAID W LINE S00-25-48E 234.62 FT TO POB; TGW PORTION OF STR 19-22-05 DAF: BEGINNING AT SE CORNER OF NE QTR SE QTR NW QTR STR 19-22-05 TH NORTH ALONG E LINE OF SAID SUBDIVISION 238.90 FT TH S85-32-44W 275.48 FT TH N1828-OOE 6.58 FT TH S76-48-1OW 29.57 FT TH S31-18-57W 148.8 FT TO NELY MARGIN OF KENT- KANGLEY CO ROAD TH SELY ALONG MARGIN OF SAID KENT-KANGLEY ROAD TO POINT OF INTERSECTION WITH S LINE OF SAID NE QTR SE QTR NW QTR OF STR 19-22-05 TH ELY ALONG SAID S LINE TO POB; EXC BEGINNING AT SE CORNER OF SAID SUBDIVISION TH NORTH ALONG E LINE OF SAID SUBDIVISION 208.81 FT TH S85-32-44W 285.57 FT TH S31-18-57W TO NELY MARGIN OF KENT-KANGLEY ROAD AND TPOB TH SELY ALONG SAID MARGIN TO S LINE OF SAID SUBDIVISION TH N88-44-20E ALONG SAID S LINE 90 FT TH NORTHWESTERLY TO POINT BEARING N31-18-57E 90 FT FROM TPOB TH S31-18- 57W 90 FT TO TPOB; AND EXC PORTION CONDEMNED IN KING CO SUPERIOR COURT CAUSE NO 90-2-18649-1 FOR CANYON DRIVE (AKA PROPOSED LOT "B" AS DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NO LL-2005-16 RECORDING NO 20050802001836) LEGAL DESCRIPTION OF PARCEL 192205-9163 POR SE QTR OF NW QTR STR 19-22-05 DAF: BEG AT PT ON N & S C/L SD SEC 19 DIST 430.75 FT S OF NE COR OF SE QTR OF NW QTR THOF TH S 88-17-30 W 240.00 FT TH S 76-48-10 W 63.15 FT TO TPOB TH S 31-18-57 W 148.8 FT TO NELY MGN KENT- KANGLEY RD TH NWLY ALG CRV TO LEFT 17.12 FT TO PT OF TANGENCY TH N 51-04-00 W 59.88 FT TH N 10-26-07 E 141.76 FT TH S 61-20-53 E 126.98 FT TO TPOB EXC PORTION CONDEMNED IN KING CO SUPERIOR COURT CAUSE NO 90-2-018649-1 FOR CANYON DRIVE LEGAL DESCRIPTION OF PARCEL 192205-9230 N 133 FT OF POR SE 1/4 OF SE 1/4 OF NW 1/4 STR 19-22-05 LY ELY OF STATE HWY NO 5 LESS E 135.41 FT THOF & LESS POR THOF DAF: BEG ON S LN OF N 133 FT OF N HALF OF SE QTR OF SE QTR OF NW QTR SD SEC 19 AT NELY LN OF SECONDARY ST HWY NO 5- A (AS PRESENTLY ESTABLISHED) TH ALG SD NELY LN N 26-37-13 W 49.12 FT TO BEG OF CRV CONCAVE TO SW WITH RAD 751.85 FT TH NWLY 103.17 FT ALG SD CRV THRU C/A 07-51-44 TO N LN OF SD N HALF TH ALG SD N LN N 89-45-E 13.40 FT TO BEG OF CRV CONCAVE TO SW WITH RAD 762.85 FT TH SELY ALG SD CRV THRU C/A 07-17-48 TH S 26-37-13 E 44.03 FT TO BEG OF CRV CONCAVE TO NE WITH RAD 26.00 FT TH SELY 12.47 FT THRU C/A 27-29-05 TO SD S LN TH ALG SD S LN S 89-45-58 W 15.56 FT TO POB 6 Parayi/Rezone Kent Reporter Affidavit of Publication i State of Washington} County of King } ss I Amanda Kahlke being first duly swom, upon oath deposes and says: that he/she is the legal representative of the Kent Reporter a weekly newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a weekly newspaper in King County, Washington and is and always has been printed in whole or part in the Kent Reporter and is of general circulation in said County, and is a Iegal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of King County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of KEN 1004778 ORD 4499 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 11/08/2024 and ending on 11/08/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $92.87. Subscribed and sworn before me on this day of > `,,�11t1Uttflllt�r��, .� gtARY •• N — Nnt blie in and for the State of y PUBOG + Washington. r � „'& ('11yo1'K-1,Citi C'IrA-LF.GALAUS15043143? �/�'��.• ��111#�• `�� AIM KOMnTn z 0 •+ �,```��