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Home My WebLink About1748Resolution No. 17 48 (Amending or Repealing Resolutions) CFN = 121-Rezones Passed -2/6/07 Moratonum Continuance-Residential Rezones RESOLUTION NO. I 1 Lj y A RESOLUTION of the City Council of the City of Kent, Washington, relat1ng to zomng and comprehensive plan map des1gnat1ons and cont1numg a moratonum on the f1l1ng of rezone and other dependent land use applications for real property w1th smgle-famlly res1dent1al zonmg and/or smgle-fam1ly res1dent1al comprehensive plan map des1gnat1ons that are not of equal dens1ty or otherw1se do not match (Dkt 2006-4). RECITALS A. Parcels of real property 1n the c1ty of Kent are g1ven both a zonmg des1gnat1on and a comprehensive plan map des1gnat1on. In general, these des1gnat10ns determine the type of land use and the dens1ty of land use to wh1ch a parcel of property may be developed. There are currently parcels 1n the c1ty that have zonmg des1gnat1ons that are not the same dens1ty or otherw1se do not match w1th the 1dent1f1ed comprehensive plan map des1gnat1ons. A study was proposed dunng the c1ty's 2006 annual docket process that would rev1ew smgle- famlly res1dent1al parcels With these charactenst1cs (hereafter "Dkt 2006-4"). On December 12, 2006, the c1ty council voted to mclude docket 1tem Dkt 2006-4 1n the annual comprehensive plan amendment process. B. The Comprehensive Plan IS a policy document created by the City Counc1l, and the Counc1l mtended that vanances between zonmg and comprehensive plan map des1gnat1ons prov1de alternatives and opt1ons, but are not a guarantee of higher dens1t1es or more mtense uses. For example, 1n Plan areas designated for up to s1x smgle-fam1ly res1dent1al un1ts per acre, the Counc1l mtended a m1xture of dens1t1es by prov1d1ng for both 4.5 umt per acre and 6 umt per acre zon1ng d1stncts on 1ts zonmg map. The Council bel1eves that 1t should perform the Dkt 2006-4 study to determ1ne 1f there are areas w1thm the City 1 Moratorium Continuance - Residential Rezones where the vanance between the zonmg and the comprehensive plan des1gnat1ons should be amended on an area w1de bas1s. C. On December 12, 2006, the Council also adopted Resolution No. 1746, wh1ch 1mposed a moratonum on the f1lmg of rezone and other related land use applications that would requ1re the grant1ng of a rezone to effectuate all or part of the appl1cat1on bemg filed. The moratonum applies only to real property w1th single-family res1dent1al zonmg and/or smgle-fam1ly res1dent1al comprehensive plan map des1gnat1ons that are not of equal dens1ty or otherw1se do not match. D. Smce the adoption of the moratonum, the Planmng Serv1ces off1ce has begun the rev1ew and analysis needed for Dkt 2006-4. The public was mv1ted and open houses were held regarding th1s top1c on January 17th, 20th, and 22"d of 2007. The Land Use and Planning Board held a workshop on January 22, 2007, and ant1c1pates holding a public heanng on February 26, 2007. E. RCWs 36.70A.390 and 35A.63.220 authorize the moratonum provided that a public heanng IS held Within s1xty (60) days of 1ts adoption. Th1s heanng was held on February 6, 2007, before the Kent City Counc1l. The Council has considered wntten comments, public testimony, and any matenal presented by staff at the heanng. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. -Recitals Incorporated. The rec1tals set forth in this resolution are mcorporated by th1s reference and are adopted as add1t1onal F1ndmgs of Fact to the extent that they are not mcons1stent w1th the Findmgs of Fact adopted 1n Sect1on 2 of th1s resolution. SECTION 2. -Fmdmqs of Fact. The Kent City Counc1l hereby adopts the follow1ng Fmdmgs of Fact: 2 Moratorium Continuance - Residential Rezones 1. The Plann1ng Serv1ces off1ce has begun the rev1ew and analysis for Dkt 2006-4. Open houses were held on January 17th, 20th, and 22nd of 2007. The Land Use and Plannmg Board held a workshop on January 22, 2007, and ant1c1pates holdmg a publ1c heanng on February 26, 2007. After the Land Use and Plannmg Board concludes 1ts rev1ew of Dkt 2006-4, 1t Will forward 1ts recommendation to the City Council for cons1derat10n. 2. While the rev1ew and analysis is be1ng done for Dkt 2006-4, 1t IS probable that the c1ty will rece1ve land use appl1cat1ons that would vest development of parcels to the current zonmg and comprehensive plan map des1gnat1ons. Th1s vestmg could defeat the purpose of the Dkt 2006-4 study. 3. The City needs add1t1onal t1me to fully rev1ew and analyze the Dkt 2006-4 1ssues m a comprehensive fash1on and determme and Implement any pol1cy changes to the comprehensive plan map and/or zonmg map. 4. The City Council fmds that it is appropnate to continue the moratonum on the f1lmg of rezone and other related land use appl1cat1ons that would requ1re the grantmg of a rezone to effectuate all or part of the apphcat1on be1ng f1led for real property w1th smgle-fam1ly res1dent1al zon1ng and/or smgle- famlly res1dent1al comprehensive plan map des1gnat1ons that are not of equal dens1ty or otherwise do not match. SECTION 3. -Contmuation of Moratorium. Based on the Findings of Fact adopted m Sect1ons 1 and 2, the City Council determines that 1t IS necessary for the moratonum enacted m Resolution No. 1746 to remam m effect for the ent1re SIX (6) month penod set forth 1n Resolution No. 1746. Accordmgly, the moratonum shall not exp1re unt1l m1dn1ght on June 12, 2007, unless, on or before th1s date and t1me, the moratonum 1s shortened or extended by act1on of the City Council. Dunng the moratonum, no appl1cat1on shall be f1led for a rezone or other related land use appl1cat1ons that would requ1re the grantmg of a rezone to effectuate all or part of the appl1cat1on bemg f1led for real property w1th smgle- famlly res1dent1al zonmg and/or smgle-fam1ly res1dent1al comprehensive plan map 3 Moratorium Continuance - Residential Rezones designations that are not of equal density or otherwise do not match. The spec1f1c zonmg and correspondmg comprehensive plan map des1gnat1ons affected by the moratonum were 1dent1f1ed m Exh1b1t "A" to Resolution No. 1746 and are agam attached and mcorporated to th1s resolution for ease of reference. The moratonum shall not apply to any application for a land use perm1t or approval wh1ch was completed and vested on the effective date of the moratonum, wh1ch was December 12, 2006. SECTION 4. -Severab1!ttv. If any sect1on, subsect1on, paragraph, sentence, clause, or phrase of th1s resolut1on is declared unconst1tut1onal or mvalld for any reason, such dec1s1on shall not affect the val1d1ty of the remammg portions of th1s resolution. SECTION 5. -Rat1ficat1on. Any act cons1stent w1th the authonty and pnor to the effective date of th1s resolution 1s hereby rat1f1ed and affirmed. SECTION 6. -Effective Date. This resolution shall take effect and be in force 1mmed1ately upon 1ts passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washmgton, th1s 6 day of February, 2007. CONCURRED In by the Mayor of the City of Kent th1s February, 2007. day of ATTEST: BRENDA JACOBER, CITY CLERK 4 Moratorium Continuance - Residential Rezones APPROVED AS TO FORM: 4f IAA fztA l0 L lv--._ TO BRUBAKER, CITY ATTORNEY I hereby cert1fy that th1s 1s a true and correct copy of Resolut1on No. /7tfsT passed by the City Council of the City of Kent, Washmgton, the & day of February, 2007. P \Civil\ Resolution \Hor•torlumll.ezon.Singleflll mllyZonlng&CompPianConttnuallon doc 5 Moratorium Continuance - Residential Rezones Exh1b1t A Corresponding Zoning and Comprehensive Plan Map Des1gnat1on SubJect to Moratonum Zoning Designation Single Fam1ly Residential, 4.5 un1ts per acre (SR 4.5) Single Fam1ly Res1dent1al, 4. 5 un1ts per acre (SR 4. 5) Single Fam1ly Res1dent1al, 6 umts per acre (SR 6) Single Fam1ly Res1dent1al, 6 un1ts per acre (SR 6) Single Fam1ly Res1dent1al, 6 un1ts per acre (SR 6) Single Fam1ly Res1dent1al, 6 umts per acre (SR 6) S1ngle Fam1ly Res1dent1al, 6 umts per acre (SR 6) Single Fam1ly Res1dent1al, 6 umts per acre (SR 6) Professional and Off1ce ( 0) 6 Comprehensive Plan Designation Single Fam1ly Res1dent1al, 6 un1ts per acre (SF 6) Single Fam1ly Res1dent1al, 8 un1ts per acre (SF 8) Single Family Res1dent1al, 8 umts per acre (SF 8) Single Fam1ly Res1dent1al, 4.5 un1ts per acre (SF 4.5) Low Dens1ty Mult1fam1ly (LDMF) Med1um Dens1ty Mult1fam1ly (MDMF) Mixed-Use (MU) Commercial (C) S1ngle Family Res1dent1al, 6 un1ts per acre (SF 6) Moratorium Continuance - Residential Rezones