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HomeMy WebLinkAbout1602RESOLUTIONNO. /t, 0~ A RESOLUTION of the C1ty Council of the C1ty of Kent, Washmgton, relatmg to agnculturallands, adoptmg fmdmgs of fact and contmumg a moratonum on the acceptance of apphcatwns for any land use penmt or approval for subdJvJsJOns, short plats, or any other similar apphcatwn that mcreases the number of lots and/or density on property located w1thm the currently zoned A-1 and AG agnculturallands, as identified m the zonmg map of the C1ty of Kent. WHEREAS, on November 6, 2000 and December 11, 2000, the C1ty Council Plannmg Committee discussed the ex1stmg pohc1es related to agncultural lands and on December 11, 2000, moved to d:irect staff to analyze the C1ty's pohc1es on property designated Agncultural (A-1) and Agncultural General (AG) on the Valley Floor, and WHEREAS, the Land Use and Planmng Board 1s now cons1denng these pohc1es, mcludmg zonmg and other 1ssues related to agnculturallands w1th the zonmg des1gnatwns of A-1 and AG located w1thm the C1ty of Kent, and WHEREAS, there IS a possJbJhty that the C1ty could, dunng this process, receiVe apphca!ions for subdiVISIOns or short plats that would significantly mcrease the number of lots and/or the dens1ty of the current agncultural lands, defeatmg the purpose of the agnculturalland policy, and WHEREAS, the C1ty needs addJ!ional lime to fully rev1ew and analyze the 1ssue of agnculturallands and this zomng m a comprehensive fashwn, and 1 Moratorium Continuation- Agricultural Lands (A-1 and AG) WHEREAS, RCW 35A 63 220 authonzes c1t!es to adopt moratonums, prov1ded, a pubhc heanng 1s held w1thm s1xty (60) days of adoptwn, and WHEREAS, on July 17, 2001, the C1ty Counc1l adopted Resolutwn No 1599 wh1ch 1mposed a moratonum bamng the acceptance of all apphcatwns for any land use perm1t or approval for subdiVISions, short plats, or any other srm1lar apphcatwn (mcludmg rezones), that mcreased the number of lots and/or dens1ty on property located w1tlnn the currently zoned agncultural lands until add1bonal rev1ew has been completed and any necessary code revlSlons have been adopted by the Kent C1ty Counc1l, and WHEREAS, RCW 35A 63 220 prov1des that a c1ty adoptmg a moratonum shall adopt findmgs of fact 1mmed1ately after the pubhc heanng held w1thm s1xty (60) days of adoptwn of the moratonum; and WHEREAS, a pubhc heanng was held on Tuesday, September 4, 2001, before the Kent C1ty Counc1l; and WHEREAS, the C1ty Counc1l has cons1dered wntten comments and pubhc testimony receiVed at the heanng, as well as matenals presented by staff at the heanng; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Rec1tals and Fmdmgs of Fact Incorporated The rec1tals set forth m th1s resolutwn are hereby mcorporated as 1f fully set forth herem and are hereby adopted as add1t10nal Fmdmgs of Fact to the extent they are not mcons1stent w1th the Fmdmgs of Fact adopted m Sectwn 2 ofth1s Resolutwn 2 Moratorium Continuation - Agricultural Lands (A-1 and AG) SECTION 2. Fmd:mgs of Fact The Kent City Council hereby adopts the followmg Fmdmgs of Fact I The City Council previOusly forwarded the matter of agnculturallands to the Land Use and Planmng Board for consideratiOn 2 The Land Use and Planmng Board IS now cons1denng the ex1stmg City pohc1es on property designated Agncultural (A-I) and Agncultural General (AG) on the Valley Floor, and determmmg whether to contmue to preserve agncultural lands and, 1f so, what pohc1es and programs the C1ty should adopt m order to preserve these lands 3 The Land Use and Planmng Board has scheduled a pubhc hearmg on the matter of agnculturallands at 1ts September 24, 2001 meetmg 4 After the Land Use and Planmng Board concludes 1ts rev1ew of agncultural lands, 1t w1ll forward 1ts recommendatiOn to the City Counc!l for consideratiOn 5 The Land Use and Planmng Board w1ll consider comprehensive plan, zonmg, and other Issues related to agnculturallands 6 Dunng the analysis and rev1ew of the Issues concemmg agncultural lands, there Is a possJbJhty that the C1ty could rece1ve apphcal!ons for subdiVISIOns, short plats, or any other similar apphcatwn (mclud:mg rezones), that may mcrease the number of lots and/or density on property located w1tlun the currently zoned agnculturallands (A-I and AG designatiOns) w1tlun the C1ty 7 An mcrease m the number of lots and/or dens1ty of the property located w1thm the A-I and AG zonmg designatiOns for agnculturallands w1thm the C1ty may conflict w1th the C1ty's ultrmate determmal!on of the density and locatiOn of agnculturallands, 1f any 8 The C1ty needs additiOnal trme to fully reVJew and analyze the 1ssue of agncultural lands m a comprehensive fashion and to determme and rmplement any necessary changes to the comprehensive plan, zonmg map, and pohc1es. 9 RCW 35A 63 220 authonzes Cities to adopt moratonums, prov1ded, a pubhc heanng IS held w1tlun s1xty (60) days of adoptiOn 3 Moratorium Continuation - Agricultural Lands (A-1 and AG) 10 The C1ty Council finds that It IS appropnate to contmue the moratonum on the acceptance of all apphcatwns for any land use permit or approval for subdivisions, short plats, or any other surnlar apphcatwn (mcludmg rezones), that mcrease the number of lots and/or density on property located w1thm the currently zoned agncultural lands as Idenllfied m the zonmg maps unl!l addJl!onal review has been completed and any necessary code revisions have been adopted by the Kent City Council SECTION 3. Contmuatwn of Moratonum Based on the Fmdmgs of Fact adopted m Secl!ons 1 and 2, the C1ty Council hereby detenrnnes that It IS necessary for the moratonum enacted m Resolutwn No. 1599 to remam m effect for the enl!re 180-day penod set forth m Resolutwn No 1599 Accordmgly, the moratonum shall not expire unl!l m1dmght on January 13, 2002, unless the moratonum IS shortened or extended by actwn of the City Council or until the effecl!ve date of any ordmance estabhshmg new regulal!ons govermng agncultural lands w1thm the currently zoned A-1 and AG zornng des1gnatwns, which ever IS sooner, and dunng said moratonum, no apphcatwn shall be accepted for any land use permit or approval for subdiviSIOns, short plats, or any other similar apphcal!on (mcludmg rezones), that mcreases the number of lots and/or density on property located w1thm the currently zoned agncultural lands (A-1 and AG des1gnatwns) as 1denl!fied m the zomng maps, more fully set forth m Exlnb1t "A" attached hereto and mcorporated herem by reference Th1s moratonum shall not apply to any apphcatwn for a land use permit or approval wh1ch 1s completed and vested on the effecl!ve date ofth1s moratonum ongmally enacted on July 17, 2001 AdditiOnally, th1s moratonum shall not apply to any other apphcal!on for a land use permit or approval winch ts not for a subdiVISIOn, short plat, or other similar apphcatwn, which mcreases the number of lots and/or density on property located w1thm or proposed for mcluswn as agncull!rral lands Examples of the latter mclude, but are not !muted to, a bmldmg permit applicatiOn on an ex1stmg lot and a final plat applicatiOn on an extstmg approved prelimmary plat 4 Moratorium Continuation - Agricultural Lands (A-1 and AG) SECTION 4. Severab1hty If any sectiOn, subsectiOn, paragraph, sentence, clause, or phrase of this resolutiOn IS declared unconstitutiOnal or mvahd for any reason, such deCisiOn shall not affect the vahd1ty of the remmmng portions of this resolutiOn SECTION 5. RatificatiOn Any act consistent with the authonty and pnor to the effective date of this resolutiOn IS hereby ratified and affirmed SECTION 6. Effective Date This resolutiOn shall take effect and be m force Immediately upon Its passage PASS ED at a regular open pubhc meetmg by the City Council of the City ofKent, Washmgton, this If day of September, 2001 -:r::;.t._ CONCURRED m by the Mayor of the City of Kent till~ day of September, 2001 ATTEST . - -- --~- APPROVED AS TO FORM ··-·· -- c;~ ;:::? ~ > io ERA LUBOVICM,AI IORNEY 5 Moratorium Continuation - Agricultural Lands (A-1 and AG) I hereby certify that th1s IS a true and correct copy of ResolutJon No /t..o<J--passed by the City Counc1l of the C1ty of Kent, Washmgton, the 'f day of September, 2001 P \C!vLI\Resoluuon\Morat.onumContmua\ton-AgnculLands doc ---~-- 6 Moratorium Continuation - Agricultural Lands (A-1 and AG) Agricultural A-1 and AG Zoning Districts Legend :·. : Kent City Limits '0 Zoning Districts i'h~~',WIJi Agricultural Lands ~ ~ w ..... ~ '"" t " .. Planning Serv1ces July 9, 2001 lVI I -M1