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RECD F 6. Oct
ORDINANCE N0. -
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n! � AN ORDINANCE of the City of Kent,
Washington, approving application CD -SU -81-1
an application of Richard Pohl for a Special
Use Combining District for the purposes of
mineral extraction in an area zoned R1-7.2
(Single Family Residential) and imposing con-
ditions upon said approval and upon the ex-
traction operations.
WHEREAS, Richard Pohl has made application to the City of
Kent under application number CD -SU -81-1 for the imposition of a
Special Use Combining District in an area of the city zoned R1-7.2
(Single Family Residential) an area containing approximately 1
acre, and
WHEREAS, the purpose of said application is to allow
Richard Pohl to extract approximately 30,000 cubic yards of soil
material to permit completion of an excavation project commenced
under previous permit of the city of Kent, and
WHEREAS, the extraction of 30,000 cubic yards of soil is
a relatively minor land use, and one which can be considered as
the completion of the original permit which approved removal of
122,000 cubic yards of soil material on basically the same site,
and
WHEREAS, application CD -SU -81-1 was heard before the Kent
Hearing Examiner and City Council in public hearings, and all per-
sons who attended said public hearings were given the opportunity
to be heard, and all correspondence which was received prior to
closure of the public hearings was read and considered, and
WHEREAS, the City Council has determined that it would be
in the best interests of the citizens of the city of Kent to ap-
prove the application, and further that all of the conditions as
set forth in Section 3.20.4 of the Kent Zoning Code have been or
can be satisfied by the imposition of certain conditions and con-
trols upon the extraction operation contemplated by the applica-
tion, NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS: FILED for Recoi-U 6i�:
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Section 1. Application CD -SU -81-1, an application by
Richard Pohl for the imposition of a Special Use Combining Distric
for the purpose of extracting minerals from an area in the City of
Kent hereinafter described, be and the same hereby is granted.
Section 2. The property upon which said district is
imposed, currently zoned R1-7.2 (Single Family Residential) zone,
is described as follows:
Lot 3 of Pohl Short Plat recorded under Auditor's
File No. 7705090838 and tract 28 of Shinn's Clover-
dale Addition to Kent, recorded in Volume 6 of Plats,
co
1Page 52, records of King County Washington.
C)
0*1 Section 3. The approval of the application and the grant
CD of authority to Richard Pohl to conduct mineral extraction opera-
tions on the above described property is conditioned upon the fol-
lowing terms and conditions:
1. Excavating and movement of materials off the
site shall be allowed only between the hours
of 8 a.m. and 5 p.m., Monday through Friday.
No excavation or truck traffic shall be per-
mitted at other hours or on weekends or nat-
ional holidays.
2. The applicant shall be responsible for keep-
ing the public roadways that are used for
access to the site free from debris, and fur-
ther, shall be responsible for periodically
cleaning those roadways as required by the
City.
3. A fifteen foot wide green belt of existing
natural vegetation on the western perimiter
of the site as shown on the development plan
shall be retained during the effective time
of this permit.
4. A tree plan as required by Ordinance 2245
shall be provided to the Planning Department.
5. A site restoration plan consistent with that
included as part of this application shall be
provided to the Department of Public Works.
6. Prior to the removal of any material from the
site, plans for the control of drainage, ero-
sion and dust during the time of excavation
shall be provided to the Department of Public
Works for review and approval.
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7. A general bond in the amount of $15,000 shall be
provided to the City for performance of the
conditions of this application until such work
is completed to the City's satisfaction.
8. The work proposed to be done under this appli-
cation shall be completed no later than one
year from the effective date of approval by
the City. For purposes of this condition the
effective date of approval shall be the date
of publication of the ordinance approving the
application.
Section 4. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and pub-
lication as provided by law and upon receipt in writing by the
City Clerk of Richard Pohl's acknowledgment of receipt of a certi-
fied copy of this Ordinance together with Richard Pohl's written
acceptance of all the terms ,"d conditions theryin.
BEL KOGAN,
ATTEST:
MARIE JENSEN, CITY CLERK
"ROVED TO FORM:
DONALD E. MIRK, CITY ATTORNEY
PASSED the
day
of
September,
1981.
APPROVED the
c>2-9-
day
of
September,
1981.
PUBLISHED the
5'
day
of
September,
1981.
I hereby certify that this is a true copy of Ordinance
No. a -�5l , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as here-
in indicated.
11_� (SEAL;
MARIE ENSEN, CITY CLERK
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