HomeMy WebLinkAbout1202RESOLUTION NO.
A RESOLUTION of the City of Kent,
Washington, relating to land use and zoning,
finding applicant to be in compliance with
conditions of rezone of property located on the
south side of South 212th Street, approximately
1,200 feet west of West Valley Highway
consisting of 7.1 acres in King County,
Washington from M1, Industrial Park, to M1-C,
Industrial Park -Commercial Suffix, as
required by Ordinance 2792; subject to three
additional conditions.
WHEREAS, on May 4, 1988, the Hearing Examiner held a
public hearing to consider the rezone of the area described in
attached Exhibit A, incorporated herein by this reference; and
WHEREAS, the applicant requested that the property be
rezoned from M1, Industrial Park, to M1-C, Industrial Park -
Commercial Suffix; and
WHEREAS, the Hearing Examiner recommended denial of the
application in her Findings, Conclusions and Recommendations for
the Van Doren's Landing II Rezone; and
WHEREAS, a public hearing was held on this matter on
July 5, 1988 and July 19, 1988, at which time the Kent City
Council considered the Hearing Examiner's Findings, Conclusions
and Recommendations and additional public and staff input; and
WHEREAS, the city Council finds that the Comprehensive
Plan is a guide and the proposed rezone is consistent with the
policy of the City for the "C" suffix zoning to address the need
for limited commercial uses on the valley floor; and
WHEREAS, the findings, conclusions and recommendations of
the Hearing Examiner as set forth in the Van Doren's Landing II
Findings and Recommendations of the Hearing Examiner for the City
of Kent, which is on file with the Kent city Clerk, were hereby
adopted and concurred with to the extent consistent with this
ordinance and with the conditions contained below; and
WHEREAS, the zoning for this site located generally on
the south side of South 212th Street, approximately 1,200 feet
west of West Valley Highway and consisting of approximately 7.1
acres and as more fully described in Exhibit A attached hereto and
incorporated herein by this reference, was changed from M1,
Industrial Park, to M1-C, Industrial Park -Commercial Suffix,
pursuant to Ordinance #2792, subject to the following conditions:
A. Any proposed use of the land within 200 feet of the
Kent City lagoon shall conform to Resolution 922.
B. In addition to other applicable procedures and
requirements, any proposed use of the land, including but not
limited to development, clearing and grading, and paving shall be
reviewed by the Soil Conservation Service Citizens Advisory Board
of the City of Kent. The report of the Board shall be provided to
the City Council, which shall make any final decisions related
thereto.
c. The proposed development shall be in general
conformity with the site plan as presented with this rezone
application. While minor modifications to this site plan shall
be permitted, the use shall be tied to a hotel and/or restaurant.
Any change in use shall be reviewed by the Hearing Examiner and
additional mitigating measures imposed, if appropriate. Any such
modifications of the site plan which will significantly increase
traffic will be subject to further traffic evaluations.
D. An integrated pedestrian circulation system is
required including access to 212th Street, 64th Avenue South, and
the proposed development to the east prior to any proposed
development permit being issued.
E. Prior to the issuance of any development permit, the
Fire Chief or his designee shall review and evaluate all pertinent
information and is authorized to require built-in or other fire
protection systems as the Fire Chief determines necessary.
WHEREAS, a modified site plan was submitted by applicant
and reviewed by the Hearing Examiner at a public hearing on
February 15, 1989 pursuant to condition "C" of the rezone; and
WHEREAS, following public hearing on the matter, the
Hearing Examiner on March 15, 1989 found that the modified site
plan did not meet the condition "C" of the rezone, pursuant to
Ordinance 2792; and
WHEREAS, the applicant timely appealed the decision of
the Hearing Examiner to the City Council on March 29, 1989; and
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WHEREAS, on April 4, 1989, a public hearing was held on
the modified site plan; and
WHEREAS, pursuant to condition "B" of Ordinance 2792, the
proposed use of the land, including but not limited to
development, clearing and grading, and paving was reviewed by the
Soil Conservation Service Citizens Advisory Board of the City of
Kent; and
WHEREAS, that Advisory Board and incorporated Lagoon
Committee issued two recommendations for applicant pursuant to the
direction of the Kent City Council; and
WHEREAS, the City Council considered the recommendation
of the Board at a public hearing on April 4, 1989; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council incorporates by reference
the entire record of the Hearing Examiner.
Section 2. The Findings of Fact, Conclusions of Law, and
Recommendation of the Hearing Examiner, as set forth in the Van
Doren's Landing -Modified Site Plan review, on file with the Kent
City Clerk, are hereby rejected, except to the extent that they
are consistent with this Resolution.
Section 3. The City Council of the City of Kent grants
the appeal of appellant in this matter subject to the conditions
set forth in Section 5.
Section 4. The Kent City Council finds that the modified
site plan for the proposed Home Court Hotel, currently on file
with the Kent Planning Department, is in general conformity with
the original site plan, and accordingly is consistent with
condition "C" of Ordinance 2792, granting the rezone of the
subject property.
Section 5. The approval of the modified site plan is
subject to the following conditions:
A. Appellant shall submit a signed joint use parking
agreement to the Kent City Planning Department as a condition
precedent to the hotel and restaurant sharing a common parking lot
while remaining on separate lots.
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B. Appellant shall minimize the water quality impacts
on the lagoon as much as possible. Special measures shall be
taken to minimize pollution from stormwater discharge. Oil-water
separators, toxicant traps and other measures should be employed.
c. A high standard of landscaping should be employed to
create a visual screen for light and glare at the south end of the
development. Screening landscaping (type I or type II per Kent
City Zoning Code) should provide a year round buffer for the area
to the south. As the areas between the current site and the
lagoon are developed, effective screening buffers should be
employed.
Section 6. All City departments and agencies are
directed to process the modified site plan in a manner consistent
with this resolution.
Section 7. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified
and confirmed.
Passed at a regular meeting of t~ City Council of the
City of Kent, Washington this(~ day of ~{f-< 1989.
~, Concurred in by the May r of the City of Kent, thi~~
day of )f\C---~ -----/, 1989.
~\.:.~"---
KELLEHER, MAYOR
ATTEST:
AS TO FORM:
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I hereby certify that this is a true and correct copy of
Resolution No. iqsO~-, passed_l>y~the City Council of the City of
-) ~ Kent, Washington, the c, day of ~/ , 1989.
CLERK
7240-260
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LEGAL DESCRIPTION
VAN DOREN'S LANDING
REZONE II
Exhibit A
A parcel of land situate in the Southwest Quarter of
the Northeast Quarter (SW 1/4 NE 1/4) of Section 11, Township 22
North, Range 4 East of the Willamette Meridian, City of Kent, King
County, State of Washington, bounded and described as follows:
Commencing at the East Quarter Corner of said Section;
thence along the centerline of said section North 89
degrees 17 minutes 36 seconds West, 1320.00 feet;
thence North oo degrees 54 minutes 37 seconds East,
771.75 feet;
thence North 89 degrees 05 minutes 23 seconds West,
100 feet, to the TRUE POINT OF BEGINNING;
thence North 89 degrees 05 minutes 23 seconds West,
600.00 feet;
thence North oo degrees 54 minutes 37 seconds East,
537.76 feet, to a point on the southerly right-of-way line of
212th street, as now constructed and operated;
thence South 85 degrees 28 minutes 08 seconds East,
253.81 feet to a tangent curve concave northerly having a radius
of 2924.79 feet;
thence southeasterly along said curve through a
central angle of oo degrees 53 minutes 06 seconds, 45.18 feet,
thence South 85 degrees 28 minutes 08 seconds East,
60.00 feet, to the beginning of a tangent curve concave northerly
having a radius of 2924.79 feet;
thence southeasterly along said curve through a
central angle of 01 degrees 26 minutes 17 seconds, 73.41 feet;
thence South 85 degrees 58 minutes 08 seconds East,
168.81 feet;
thence South oo degrees 54 minutes 37 seconds West,
500 feet to the TRUE POINT OF BEGINNING.
Said parcel contains an area of 311,102 square feet
(7.14 acres), more or less.
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