HomeMy WebLinkAbout1774Resolution No. 177 4
(Amending or Repealing Resolutions)
CFN = 0121-Rezones
Passed -12/11/2007
Mend1an Banks Remand of Rezone
RESOLUTION NO. --'-/_7_7_1~-
A RESOLUTION of the City Councrl of the City of
Kent, Washrngton, relatrng to land use and zonrng, and
remandrng to the heanng examrner the applrcatron to
rezone approxrmately 6 acres of property located at
25840 135'h Lane Southeast from SR-4.5 (Srngle-Famrly
Resrdentral, 4.5 unrts per acre) to SR-6 (Srngle-Famrly
Resrdentral, 6 unrts per acre). (Mendran Banks Rezone
RZ-2005-7).
RESOLUTION
THE CilY COUNCIL OF THE CilY OF KENT. WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. -Procedural H1storv. An appllcatron was fried on June 30,
2005, to rezone approxrmately srx (6) acres of property located at 25840 135'h
Lane Southeast from SR-4.5 (Srngle-Famrly Resrdentral, 4.5 unrts per acre) to SR-
6 (Srngle-Famrly Resrdentral, 6 unrts pe• acre) (Mendran Banks Rezone, #RZ-
2005-7). On August 29 :<.005, the applrcant f!led an applrcatron for prelrmrnary
plat on the same property. On November 18, 2005, the City rssued a SEPA
Determrnatron ot Nonsrgnrfrcance (DNS) for the rezone applrcatron. An appeal of
the DNS was fried, and on February J and 15, 2006, the heanng examrner held a
consolrdated SEPA appeal/rezone heanng. On March 15, 2006, the heanng
examrner rssued a decrsron grantrng the appeal of the DNS and remandrng the
threshold determrnatron to the City for concurrent revrew of the envrronmental
rmpacts of the rezone and prelrmrnary plat applrcatrons. The City subsequently
rssued a Mrtrgated Determrnatron of Nonsrgnrfrcance (MONS) (#ENV-2005-57) for
the Mendran Banks Rezone and prelrmrnary plat applrcatrons. An open record
1 Meridian Banks
Remand of Rezone
heanng on the rezone, as part of a consolidated heanng process, was held on May
10, 2007; May 23, 2007; and August 15, 2007. On October 15, 2007, the heanng
exammer 1ssued f1ndmgs and conclusions recommending approval of the Mend1an
Banks Rezone (the "Recommendation").
SECTION 2. -Counctl Remand To Heanng Exammer. -After rev1ewmg the
record before 1t, the City Council voted on November 20, 2007, to remand the
Mend1an Banks Rezone back to the heanng exammer for further cons1derat1on of
the 1ssues listed below m Sect1on 3 as those 1ssues relate to the cntena found In
Kent City Code (KCC) 15.09.050(C). For these 1ssues, the Council found that
e1ther ev1dence necessary for a fmal dec1s1on under KCC 15.09.050(H) had not
been presented to the heanng exammer, or the Council needed clanf1cat1on of a
port1on of the Recommendation. On remand, the heanng exam1ner may determ1ne
whether to re-open the public heanng, accept documentary evidence, and/or
cons1der argument. Once the heanng exammer 1ssues a recommendation after the
remand proceedmgs, the Counc1l w1ll agam cons1der the Mend1an Banks Rezone per
15.09.050(H).
SECTION 3. -Issues For Remand.
A. The proposed rezone IS consistent w1th the Comprehensive Plan.
KCC 15.09.050(C)(1).
1. Cons1der the Comprehensive Plan's Land Use Goals and
Policies overall goal to "[e]ncourage a future growth and
development pattern wh1ch Implements the Community's VISion,
protects environmentally sens1t1ve areas, and enhances the quality
of life of all Kent residents."
2. Cons1der Comprehensive Plan Land Use Element goal LU-
21: [f]oster recogmt1on of the s1gn1f1cant role played by natural
features and systems 1n determm1ng the overall environmental
quality and livability of the commun1ty.
3. Cons1der Comprehensive Plan Land Use Element goal LU-
26, wh1ch acknowledges the need to "[p]rotect and enhance natural
resources for multiple benefits, mcludmg recreat1on, f1sh and wildlife
resources and hab1tat, flood protection, water supply, and open
space."
2 Meridian Banks
Remand of Rezone
4. Cons1der the un1que Circumstance of the Mend1an Banks
rezone s1te be1ng located on the shore of Lake Mend1an and any
environmental consequences that th1s location may have m regard
to cons1stency w1th the Comprehensive Plan.
B. The proposed rezone and subsequent development of the s1te
would be compat1ble w1th development m the VICinity. KCC
15 09.050(C)(2).
1. Rev1ew the test1mony of Michelle McDowell regarding
compat1bli1ty of subsequent SR-6 development w1th development 1n
the VICinity (Recommendation, Fmdmg 12), and explain how th1s
testimony was taken mto cons1derat1on for the conclusion that the
application meets the requ1rement of 15.09.050(C)(2).
2. Consider the development m the vicinity to the north and
to the east of the Meridian Banks s1te, wh1ch was zoned SR 4.5, and
analyze whether a development w1th SR-6 zonmg would be
compatible.
3. Consider whether a development w1th SR-6 s1ze lots
would be compatible w1th development m the VICinity.
4. Consider the un1que Circumstance of the Mend1an Banks
rezone s1te bemg located on the shore of Lake Mend1an and any
environmental consequences that th1s locat1on may have m regard
to any subsequent development be1ng compatible With development
In the VICinity.
C. The proposed rezone w1ll not adversely affect the health, safety and
general welfare of the c1t1zens of the City of Kent. KCC 15.09.050(C)(S).
1. Consider the unique circumstance of the Mend1an Banks
rezone s1te bemg located on the shore of Lake Meridian and any
environmental consequences that th1s locat1on may have 1n regard
to the proposed rezone affectmg the health, safety, and general
welfare of the c1t1zens of the City of Kent.
SECTION 4. -Severability. If any section, subsection, paragraph,
sentence, clause or phrase of th1s resolution IS declared unconstitUtional or 1nval1d
for any reason, such deCISIOn shall not affect the val1d1ty of the remam1ng portions
of th1s resolution.
SECTION 5. -Ratlf1cat10n. Any act cons1stent w1th the authonty and pnor
to the effect1ve date of th1s resolut1on IS hereby rat1f1ed and affirmed.
3 Meridian Banks
Remand of Rezone
SECTION 6. -Effective Date. Th1s resolution shall take effect and be 1n
force immediately upon 1ts passage.
PASSED at a regul~r ~n publ1~etmg by the City Council of the City of
Kent, Washington, thiS /I day of R._ (;z.~/7/, 2007.
/A:.,
eZQ CONCURRED m by the Mayor of the City of Kent th1s
_!_ ~1\/ 1 2007 •
/( day of
ATTEST:
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APPROVED AS TO FORM: ----~
~A~Ab
/77lf I hereby cert1fy that th1s IS a true and correct copy of Resolution No.
t;;A__
pzo:ss d by the Oty CounCil of the City of Kent, Washmgton, the __,_/L/ __ day of
, .t 1!~/\/,2007.
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Meridian Banks
Remand of Rezone