Loading...
HomeMy WebLinkAbout1720Resolution No. 1720 ["Beginning August 1, 2004"] CFN = 377 -Comprehensive Plan CFN = 131 -Zonmg Code & Amendments Passed -5/2/2006 Muth Comprehensive Plan & Zoning Amendment-Emergency RESOLUTION NO. / 'lJ1) A RESOLUTION of the Oty Council of the City of Kent/ Washington/ declanng an emergency to pursue revisions of the comprehensive plan to prov1de for a land use designation that allows for real property to be used for construction and mamtenance of a reg1onal detention facility/ relocation of a reach of Johnson Creek/ and restorat1on of wetland and buffer. RECITALS A. The Growth Management Act ("GMA") requ1res the City to establish procedures governing amendments to the comprehensive plan that lim1t amendments to once each year unless certa1n circumstances exist. RCW 36.70A.130(2). The Oty has established a procedure for amending the comprehensive plan in Chapter 12.02 of the Kent City Code (KCC) that permits amendments in add1t1on to the standard annual update if an emergency ex1sts. An emergency is defined as an 1ssue of community w1de s1gn1ficance that promotes the public health 1 safety1 and general welfare of the City of Kent. KCC 12.02.010(A). B. An amendment to the comprehensive plan is being requested for two parcels of real property legally descnbed 1n Exhibit A1 attached and incorporated herein. It 1s env1s1oned that these two parcels would be used for construction and maintenance of a reg1onal detent1on facility1 relocation of a reach of Johnson Creek/ and restoration of wetland and buffer. The current land use designation of Agnculture one un1t per ten acres (A-10) does not allow for use of the real property as a reg1onal detention facility. C. These parcels were formerly used as farmland. King County had purchased the development rights/ but farmmg has been abandoned on the property and the expans1ve wetland and buffer currently have s1gn1ficant amounts of non-native invasive 1 Muth Comprehensive Plan & Zoning Amendment-Emergency plants and grasses growing in them. King County has agreed to sell the development nghts on the parcels to the City of Kent. The owner of the parcels will pay Kmg County for these nghts and g1ve a deed for the parcels to the City of Kent. King County plans to use the funds to purchase additional development nghts that w1ll enhance 1ts farmland preservation program. D. It is envisioned that these parcels w1ll be used for a restoration project of a reach of Johnson Creek. The creek, wh1ch 1s currently located m a straight channel along the east side of 42nd Avenue South, would be moved to a new meandering channel away from the roadway. The area between the stream's current and future locat1on is already forested and would prov1de a buffer and cover for the stream. The area of the property that is currently low quality wetland and buffers, which is approximately half the total property area, would be available for a wetland restoration effort. The property outs1de the wetland and stream areas would include a reg1onal detention and water quality facility. The facility would detam and treat runoff from the ex1st1ng and proposed developments west of the parcels on the oppos1te s1de of 42nd Avenue South and extend1ng north along the h1lls1de. E. The City Council finds that the proposed amendments to comprehensive plan land use des1gnat1ons are issues of commun1ty-w1de sigmficance that promote the public health, safety, and general welfare of the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Emergency. Pursuing revisions of the comprehensive plan to provide for a land use designation that allows for the real property legally described m Exh1b1t A, attached and Incorporated herem, to be used for construction and maintenance of a regional detention fac1l1ty, relocation of a reach of Johnson Creek, and 2 Muth Comprehensive Plan & Zoning Amendment-Emergency restoration of wetland and buffer constitutes an issue of community-wide significance that promotes the public health, safety, and general welfare m accordance with the defin1t1on of an emergency as set forth m section 12.02.010(A) of the Kent City Code (KCC). The City Council, therefore, declares that an emergency ex1sts and authonzes staff to process th1s rev1s1on to the comprehensive plan outs1de the annual amendment process in sect1on 12.02.030 KCC. SECTION 2. -Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of th1s resolution 1s declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remam1ng portions of this resolution. SECTION 3. -Ratification. Any act consistent with the authority and prior to the effective date of th1s resolut1on IS hereby ratified and affirmed. SECTION 4. -Effective Date. This resolut1on shall take effect and be in force immediately upon its passage. PASSED at a regular meet1ng of the City Council of the City of Kent, Washington this tl_, day of May, 2006. CONCURRED in by the Mayor of the City of Kent, th1s :L day of May, 2006. ATTEST: 3 Muth Comprehensive Plan & Zoning Amendment-Emergency APPROVED AS TO FORM: T~JNTIY~b I hereby certify that this is a true and correct copy of Resolution No. /7 d,tJ passed by the City Council of the City of Kent, Washington, the ~ day of May, 2006. P \OVl~RESOLliTION\CompPianMuth-EmergencyResolutlon doc 4 Muth Comprehensive Plan & Zoning Amendment-Emergency I APPENDIX A LEGAL DESCRIPTION (OF POND PARCEL) THE NORTH% OF THE SOUTHWEST% OF THE NORTHEAST% OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 4, EAST W.M.; EXCEPT THE EAST 195.52 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF LYING WITHIN 42N° AVENUE SOUTH (WM A. JOHNSON ROAD NO 1432); ESTABLISHED PURSUANT TO VOLUME 30 OF COMISSIONER'S RECORDS, PAGE 191, AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE RIGHT-OF-WAY OF DRAINAGE DITCH NO 2; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ORILLIA ROAD, BY DEEDS RECORDED UNDER RECORDING NO. 5975361 AND 5975362; SITUATED IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTION EXHIBIT "A"