HomeMy WebLinkAbout1876ORDINANCE NO. U 1
AN ORDINANCE of the City of Kent, Wash-
ington, approving application CD -SU -74-1, an
application of Kent Highlands, Inc., for a
Special Use Combining District for purposes
of mineral extraction in an area zone R -A,
Residential -Agricultural District, and im-
posing conditions upon said approval and upon
the extraction operations.
WHEREAS, Kent Highlands, Inc., has made application to
the City of Kent under application No. CD -SU -74-1 for the imposi-
tion of a Special Use Combining District in an area of the City
zoned R -A, Residential -Agricultural Zoning District, an area con-
taining 83.7 acres, more or less, and
WHEREAS, the purpose of said application is to allow
Kent Highlands, Inc., to extract approximately one million cubic
yards of materials from the area for the purpose of providing fill
for building sites within the City of Kent, and
WHEREAS, the Kent City Council has previously determined
that the interests of the citizens of the City of Kent would best
be served by committing a substantial portion of that area known
as the Green River Valley within the City to industrial develop-
ment, and
WHEREAS, due to soil and other conditions in the area
it is generally necessary to fill property prior to any substan-
tial construction thereon, and
WHEREAS, considerable savings in time and money can be
realized by property developers if there are local sources for
fill material, and
WHEREAS, it has been determined that there is a substan-
tial current and future need for fill material in the City, and
WHEREAS, application CD -SU -74-1 was heard before the
Planning Commission and City Council in public hearings, and all
-1-
persons who attended said public hearings were given the opportuni�
ty 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
approve the application, and FURTHER that all of the conditions
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:
Section 1. Application CD -SU -74-1, an application by
Kent Highlands, Inc. for the imposition of a Special Use Combining
District for the purpose of extracting minerals from an area of
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 R -A, Residential -Agricultural Zoning Dis-
trict, is described as follows:
That portion of the south one-half of Section 10
and the northeast quarter of Section 15, Township
22 North, Range 4 East, W.M., King County, Wash-
ington described as follows:
Beginning at the west quarter corner of said
Section 10; thence south 0°56150" west along
the west line thereof a distance of 2,645.03
feet to the southwest corner thereof; thence
north 86051112" east a distance of 2,131.63
feet; thence north 89044100" east a distance
of 1,050.00 feet; thence south 0°16100" east
a distance of 825.00 feet to the True Point of
Beginning of the herein described tract; thence
north 0°16100" west a distance of 825.00 feet;
thence south 89044100" west a distance of
1,050.00 feet; thence north 0116100" west a
distance of 1,500.00 feet; thence north 89°
44100" east a distance of 1,050.00 feet; thence
south 0016100" east a distance of 270.00 feet;
thence south 77000'00" east a distance of
1,210.00 feet, more or less, to the westerly
bank of the Green River; thence southerly
along said westerly bank of the Green River
to a point which bears north 89144100" east
-2-
from the True Point of Beginning; thence south
89°44100" west a distance of 780.00 feet, more
or less, to the True Point of Beginning.
EXCEPT that portion thereof if any lying within
Frager Road.
Section 3. The approval of the application and the
grant of authority to Kent Highlands, Inc. to conduct mineral ex-
traction operations on the above described property is conditioned
upon the following terms and conditions:
1. Actual removal operations shall be permitted
only between the hours of 7:00 a.m. and 6:00
p.m. Monday through Friday; no removal shall
be permitted on Saturdays, Sundays, or National
Holidays.
2. Kent Highlands, Inc. shall be responsible for
keeping all public roadways utilized by ve-
hicles removing material from the site free and
clear of debris by cleaning and periodically
removing any spillage as may be required by
the City.
3. Removal shall commence on the westerly margin
of the property and be conducted easterly
through the full north -south access of the
property until the removal is completed. Where
unstable slope conditions occur, the operation
will be under the advisement of a soils engineer.
4. All material removed from the site shall be
used within the City of Kent.
5. All uncontaminated storm water shall be diverted
around the stripped area of the site to natural
down stream water courses, provided that no such
storm waters shall be diverted into Drainage
District No. Two's channel.
6. Contaminated storm waters shall be ponded so
as to allow percolation and prevent discharge
to the receiving surface waters of a turbidity
measurement exceeding 5 j.t.u. over and above
the natural condition in the receiving waters.
7. No petroleum products shall be disposed of in
storm water or allowed to flow in any manner
to storm water lagoons or to receiving natural
flow water courses.
8. To minimize dust potential or particulate pro-
blems which could be created by natural removal
and traffic flow, applicant shall pave the haul
route from the area of removal over private
property owned by applicant or others, and
-3-
provide a completely paved route therefrom
to South 216th Street. All trucks proceeding
on the public right-of-way shall proceed via
South 216th Street from the private roadway
to 42nd Avenue South via 42nd Avenue South
to South 212th. Kent Highlands, Inc. shall
provide satisfactory documentary proof to the
City of its legal right to cross private pro-
perty to reach the above referenced public
streets.
9. Maintenance of the private paved roadway from
the property to the public right-of-way shall
be the responsibility of Kent Highlands, Inc.
during the term of the removal.
10. Any breakdown of paving on South 216th and
42nd Avenue South or other maintenance arising
as a result of such truck use shall be the
responsibility of Kent Highlands, Inc. and
periodic repair and maintenance shall be pro-
vided as required by the City of Kent during
the period of removal. A review of the con-
dition of such roadways utilized by truck
traffic shall be done by Kent Highlands, Inc.
and the City of Kent at the completion of the
removal and any final repair or maintenance
required shall be completed prior to the re-
lease of any bond required of Kent Highlands, Inc.
11. No removal of material shall be permitted
below the final contour lines as provided and
described on the application for grading permit
and detailed on the plan filed entitled "Pro-
posed Special Use Combining District - SU for
Kent Highlands, Inc., Kent, Washington" pre-
pared by Hugh G. Goldsmith, Professional
Engineer and Land Surveyor, dated November 19,
1973, and revised on April 4, 1974, to change
the permit and grading area and detail of weir.
12. The slopes therein established, entitled
"Proposed Finished Grade Contour" shall also
be established as the final slopes to remain
on the site upon completion of removal.
13. All top soil removed shall be stockpiled by
Kent Highlands, Inc. for a later use in re-
habilitation and revegetation of the property.
14. During the initial operation and as long as
possible, Kent Highlands, Inc. will maintain
the natural vegetation on the peak of the
knoll easterly over the remainder of the site
to screen the exposed area as much as possible
from public view.
15. Vegetative reclamation shall be provided by
applicant concurrent with excavation leaving
only sufficient space at the slope toe for
1XI_
removal equipment to operate. The reseeding
operation shall involve a combination of
clover, grass and alder seed. Evergreen
trees shall be planted on the site concurrent
with revegetation. The numbers of evergreen
trees to be planted and their locations on the
site shall be determined by the Board of Natural
Resources of the State of Washington. Prior to
commencement of removal of material, applicant
shall submit a restoration, vegetation and land-
scaping plan to the City Planning Department
for approval.
16. The lowland portion of the property devoted
to a settling lagoon shall be restored to
permit agricultural use upon completion of
the need for a settling lagoon unless prior
to the expiration of the permit, other use is
approved by the City, which would negate the
need for restoration for agricultural use.
17. Water shall be provided at the excavation site
to control dust when necessary during periods
of excavation. Such water control shall be
utilized on all unpaved portions of the site
including roadways and excavation areas, so
that dust and other particulates shall not
enter the atmosphere in excess of any amounts
permitted by Puget Sound Air Polution Control
Commission. In no case shall dust cause the
ambient air to exceed the standard of 60 as
established by such agency.
18. The term of this permit shall be for a period
of five (5) years with semi-annual review by
the Planning Commission. At the time of each
review, the Planning Commission may impose
additional conditions or modifications to the
permit if prior operating conditions require
said changes.
19. Kent Highlands, Inc. shall furnish to the City
a performance bond in the amount of $100,000 to
assure street maintenance as well as to assure
performance of all other conditions of this
permit, including the landscaping and revege-
tation of the property during the period of
removal as well as upon final completion of
removal of materials. In addition, Kent High-
lands shall furnish to the City Engineer and
maintain with the City Engineer at all times
during the life of this permit, a $1,000 cash
bond which shall be used as a fund to permit
The City to make immediate repairs to public
rights-of-way in the event applicant shall
fail or refuse for any reason to initiate
repairs required by the City.
20. The bonds required by this permit shall be
subject to forfeiture by the City in the full
amount, should applicant fail to comply with
terms of this Ordinance and perform conditions
established herein promptly and as herein re-
quired. FURTHER, in the event a right of for-
feiture of the bonds arises because of sub-
-5-
stantial failure of performance by Kent High-
lands, or in the event of substantial non-
compliance with any of the terms and condi-
tions as outlined in this Ordinance, then, upon
hearing by the City Council the permit may be
revoked prior to expiration of the period
herein authorized.
21. The grant of this permit is subject to approval
by appropriate agencies of the State of Wash-
ington. A condition of the grant of this per-
mit by the City is that any bond required by
the City be in addition to any bond required
by the State, and FURTHER, that in the event
the City may have more stringent landscaping
and restoration requirements than those ap-
proved by the State, then in that event Kent
Highlands, Inc. will adhere to the City's
requirements. Kent Highlands, Inc. shall
conduct its operation on the site in such a
manner that the nesting areas of blue herons
on the site shall not be disturbed during the
current nesting season, and FURTHER shall take
whatever measures are necessary to discourage
the herons from returning to the site at the
next nesting season if operations are being
conducted on the site at that time.
22. Kent Highlands shall provide to the City on
January 1 and July 1 of each year commencing
January 1, 1975, a report in writing stating
the approximate amount of material removed
during the preceding six (6) month period to-
gether with engineering data including but not
limited to field survey notes, sufficient to
enable the City to determine whether the terms
and conditions of the permit are being met.
The information shall be certified as accurate
by a Licensed Professional Civil Engineer or
Land Surveyor and shall be provided at Kent
Highland's expense.
If Kent Highlands fails to provide the necessary
report, all operations shall immediately cease
and shall not be resumed until receipt of the
information and review by the City. The City
shall not unreasonably delay review of any re-
port submitted.
Section 4. This Ordinance shall take effect five
(5) days after the passage, approval and publication as provided
by law and upon receipt in writing by the City Clerk of Kent High
lands, Inc.'s acknowledgement of receipt of a certified copy of
this Ordinance together with Kent Highlands Inc.'s written ac-
ceptance of all the terms and conditions contained herein.
� 1
ATTEST:
MARIE JENSEN, CITY CLERK.
HOGAN, MAYOR
ROVED AS TO FORM:
11,
DONALD E. MIRK, CITY ATTORNEY
PASSED the day of July, 1974.
C.- r>
the /� day of July, 1974.
the
I hereby certify that this is a true copy of Ordinance
No. �, passed by the City Council of the City of Kent,
Washington, - as
hereon indicated.
(SEAL)
4MARIE
JEN N CITY CLERK
Ordinance 1876 was vetoed by Mayor Hogan on July 17, 1974, was reconsidered
by the City Council on August 5, and passed on that date.
PASSED the day of August, 1974
August, 1974
PUBLISHED the _day of August, 1974
-7-
CITY OF
I
t
August 2, 1974
TO: All Council Members
FROM: Mayor Isabel Hogan
SUBJECT: Veto of Ordinance #1876
I veto and return without signature Ordinance 1876 passed
by the Kent City Council, July 15, 1974. Veto of this
ordinance is based on the conditions of the permit, the
justification for mineral extraction and the council's
conduct in considering this application.
Conditions for the permit
Section 3.4
This condition is
onsite inspection.
material in Kent c
Kent Highlands or
restriction could
operation and rest
impractical to monitor without
The timing and need for fill
an not be predicted by either
the City of Kent. Delivery
make completion of the mining
oration of the site impossible
within the five year time limit.
Section 3.6
Breaks in the dikes of existing Kent Highlands
holding ponds have allowed contamination of the
Green River. No method of surveillance is detailed
to prevent a recurrence.
Section 3.7
No procedure is outlined to insure storm water tests
will be done to identify contaminants.
Section 3.11 and 3.18
A professional engineer qualified to interpret the
detail of the grading permit should be on the site
during all mining operations.
P. O. BOX 310 / 220 SO. 4th AVE. / KENT, WASHINGTON 98031 / TELEPHONE (206) 852-2412
TO: All Council Members CITY OF KENT
Page 2
August 2, 1974
Section 3.16
No documentation is available to provide assurance
that settling lagoons can successfully be reclaimed
for agricultural use.
Section 3.20
The term "substantial" used regarding failure of
performance and compliance with terms and conditions
is subject to interpretation and definition by
Kent Highlands, by the City of Kent and, ultimately,
by the courts.
Justification for mineral extractions
1. Statement: "interests of citizens best served by
committing substantial portion ......to industrial
development". This statement is in conflict with
the city's supportive position of the report on
agricultural land use in the Central Puget Sound
Region as adopted by the members of the Puget Sound
Governmental Conference. The report requires
reevaluation of land use regionally and the adoption
of a Regional Development Plan including specific
areas of concern such as land use, open space, water
and air quality as mandated by the Northwest Federal
Regional Council.
2. Statement: "savings in time and money for developers
using local sources". The adverse effect to the whole
community in air and water pollution, environmental
damage, scarred hillsides and abandoned mining sites
must be evaluated against the benefits to the developer.
3. Statement: "substantial current and future need".
No emergency exists to warrant additional mining
sites in the Green River Valley. In the City of
Kent, 195 acres are filled and ready for development.
Since 1967, only three sites representing fifty acres
have been developed.
TO: All Council Members CITY OF KENT
Page 3
August 2, 1974
4. Statement: "best interests of the citizens of
the City of Kent".
a. The area to be mined is designated as Open Space
in the PSGC Interim Regional Development Plan
and the Kent Comprehensive Plan. Conference
policy states areas with 30 to 50% slopes should
be preserved in their natural state.
b. Local and regional interests are not benefited
by allowing a new mining operation when existing
sites have not been fully utilized.
C. The forfeit of land with the potential for
nature study, bird sanctuary, etc. is contrary
to the City of Kent's previous actions in
retaining open space.
d. Current review of the comprehensive plan will
evaluate all development thru economic,
environmental, physical and social criteria.
Development standards must reflect citizen
concern locally and regionally.
Council Conduct in hearing the application relative to
t e appearance of fairness
1. Members of the council were contacted individually
by a Kent Highlands representative on June 1 prior
to the June 3 public hearing.
2. A council member contacted Kent Highlands representa-
tive and suggested a condition for the mining operation
to make it more acceptable to the council.
3. No debate or discussion at the June 3 public hearing
by council members of the merits for allowing or
denying the permit.
4. No review at the June 3 public hearing by Council
members of the Planning Department or Planning
Commission recommendations for denial of the permit.
Discussion limited to review of conditions for
allowing the mining operation.
TO: All Council Members
Page 4
August 2, 1974
CITY OF KENT
S. Majority of council refused to re -open public
hearing on June 17 to allow presentation of
petition with 486 signatures, notwithstanding
direction of petition -carriers at June 10 workshop
to submit petitions to city clerk.
6. Council questioned lateness of presentation of
petition; consistent previous support of Planning
Commission recommendations by the Council would
not indicate a need for citizens to appear at the
public hearing with a protest petition.
/ldl