HomeMy WebLinkAbout1583RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to urban separators
adopting findings of fact and renewing a moratorium on
the acceptance of applications for any land use permit or
approval for subdivisions, short plats, or any other
similar application that increases the number of lots
and/or density on property located within the City of
Kent that is designated as an urban separator by King
County, and in areas being considered by the City of
Kent for inclusion in an urban separator.
WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums,
provided a public hearing is held within sixty days of adoption; and
WHEREAS, on October 3, 2000, the City Council adopted Resolution
No. 1576 imposing a moratorium barring acceptance of all applications for any land
use permit or approval for subdivisions, short plats, or any other similar application
that increases the number of lots and/or density on property located within the City of
Kent that is designated as an urban separator by King County, and in areas being
considered by the City of Kent for inclusion in an urban separator until additional
review has been completed and any necessary comprehensive plan, zoning map,
and/or code revisions have been adopted by the Kent City Council; and
WHEREAS, RCW 35A.63.220 provides that a city adopting a
moratorium shall adopt findings of fact immediately after the public hearing held
within sixty days of adoption of the moratorium; and
1 Urban Separators Moratorium Renewal
WHEREAS, a public hearing was held on Tuesday, November 7, 2000,
before the Kent City Council and the moratorium was continued until midnight April
2,2001;and
WHEREAS, in order to allow staff sufficient time to thoroughly
analyze all of the information staff has gathered during the six (6) month moratorium,
to draft proposed code amendments, and to present such code amendments to the full
City Council, staff is requesting a renewal to the urban separators moratorium of six
(6) months, or until the effective date of any ordinance establishing new regulations
governing urban separators, whichever is sooner; and
WHEREAS, pursuant to RCW 35A.63.220, a public hearing was held
on March 20, 2001, to consider renewing the moratorium for a six (6) month period;
and
WHEREAS, the City Council has considered all comments and
materials presented; and
WHEREAS, the Kent City Council finds that the protection of the
health, safety, and welfare of the community supports renewing the moratorium on the
acceptance of applications for any land use permit or approval for subdivisions, short
plats, or any other similar application that increases the number of lots and/or density
on property located within the City of Kent that is designated as an urban separator by
King County, and in areas being considered by the City of Kent for inclusion in an
urban separator, until additional review has been completed and any necessary code
revisions have been adopted by the Kent City Council; and
WHEREAS, it is anticipated that an ordinance regarding urban
separators will be adopted shortly, possibly as soon as March 20, 2001, however, even
if adopted on March 20, 2001, the effective date of any such ordinance would be after
the expiration date of the current moratorium, which is April 2, 2001; NOW
THEREFORE,
2 Urban Separators Moratorium Renewal
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Finding of Fact Incoroorated. The recitals
and findings of fact set forth in this resolution and Resolutions 1576 and 1577 are
hereby incorporated as if fully set forth herein.
SECTION 2. Renewal of Moratorium. Based on the Findings of Fact
adopted in Section 1, the City Council hereby determines that it is necessary for the
moratorium enacted in Resolution Nos . .1576 and 1577 to be renewed for an additional
six (6) month period. Accordingly, the moratorium shall not expire until midnight on
September 30, 2001, unless the moratorium is shortened or extended by action of the
City Council or until the effective date of any ordinance establishing new regulations
governing urban separators, whichever is sooner, and during said moratorium, no
application shall be accepted for any land use permit or approval for subdivisions,
short plats, rezones, or any other similar application that increases the number of lots
and/or density on property located within the area designated as urban separator by
King County, more fully set forth in Exhibit "A" attached hereto and incorporated
herein by reference, and in areas being considered for inclusion as an urban separator
in the City of Kent, more fully set forth in Exhibit "B" attached hereto and
incorporated herein by reference.
This moratorium shall not apply to any application for a land use permit
or approval which is completed and vested on the effective date of the original
moratorium. Additionally, this moratorium shall not apply to any other application for
a land use permit or approval which is not for a subdivision, short plat, or other similar
application which increases the number of lots and/or density on property located
within or proposed for inclusion as an urban separator. Examples of the latter include,
but are not limited to, a building permit application on an existing lot and a final plat
application on an existing approved preliminary plat.
3 Urban Separators Moratorium Renewal
SECTION 3. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 4. Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 5. Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASS ED at a regular open public meeting by the City Council of the City
of Kent, Washington, this ..20 day of March, 2001.
CONCURRED in by the Mayor of the City of Kent this .2o day of
March, 2001.
ATTEST:
APPROVED AS TO FORM:
4 Urban Separators Moratorium Renewal
I hereby certify that this is a true and correct copy of Resolution No. /58"' 3 passed by the City Council of the City of Kent, Washington, the _:to day
ofMarch, 2001.
P:\Civil\Resolution\UrbanSeparators·MoratoriumRenewal.doc
5 Urban Separators Moratorium Renewal
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EXHIBIT~.-
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Kent Urban
Separator Parcel
Adjustments
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•• •,.• Kent City Umlfs
N Craeks and Streams
§wetlands
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Urban ~rator
Pan:elsAifded
Urban Seoanllor
-Parcels Removed
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KENT
URBAN SEPARATOR
ENVIRONMENT
SOUTHEAST
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N FM Foot Contoun
N Creeks and Streams
E3 Wetlands
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Urban ~r Parcel
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August 31, 2000
Kent Planning Department
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