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HomeMy WebLinkAbout2172P, 9 'j ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, approving application CD -SU -79-2, an application of Kent Highlands, Inc., for a Special Use Combining District for purposes of mineral extraction in an area zoned R-A(Resi- dential Agricultural District) and imposing conditions upon said approval and upon the ex- traction operations. WHEREAS Kent Highlands, Inc., has made application to the City of Kent under application No. CD -SU -79-2 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 six hundred thou- sand 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 j i 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 -79-2 was heard before the Planning Commission and City Council in public hearings, and all persons who attended said public hearings were given the oppor- tunity to be heard, and all correspondence which was received prior to closure of the public hearings was read and considered, and N M, 0 Nco 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 -79-2, an application by Kent Highlands, Inc. for the imposition of a Special Use Combin- ing 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 District, is described as follows: That portion of the south 1/2 of Section 10 and the northeast quarter of Section 15, Township 22 North, Range 4 East, W.M., King County Washington described as follows: Beginning at the west quarter corner of said Section 10; thence south 0056150" west along the west line thereof a distance of 2,645.03 feet to the southwest corner thereof; thence north 87°51112" east a distance of 2,131.63 feet; thence north 89044100" east a distance of 1,050.00 feet; thence south 0016100" east a distance of 825.00 feet to the True Point of Beginning of the herein described tract; thence north 0016100" west a distance of 825.00 feet; thence south 89044100" west a distance of 1,050.00 feet; thence north 0016100" west a distance of 1,500 feet; thence north 89144100" east a distance of 1,050.00 feet; thence south 0116'00" east a distance of 270.00 feet; thence south 77000100" 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 89044'00" east from the True Point of Beginning; thence south 89044'00" 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- - 2 - CV 0% 0 CO CO R 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 Nation- al 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 periodi- cally 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 axis of the prop- erty until the removal is completed. Where unstable slope conditions occur, the operation will be under the advisement of a soils engi- neer. 4) All material removed from the site shall be used within the City of Kent. 5) All uncontaminated storm water shall be di- verted around the stipped area of the site to natural down stream water courses, pro- vided that no such storm waters shall be diverted into Drainage District #21s channel. 6) Contaminated storm waters shall be ponded so as to allow percolation and prevent discharge to the receiving surface waters of the 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 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 pro- vide satisfactory documentary proof to the City of its legal right to cross private prop- erty 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. - 3 - s 10) Any breakdown of paving on South 216th and 42nd Avenue South or other maintenance aris- ing as a result of such truck use shall be the responsibility of Kent Highlands, Inc. and periodic repair and maintenance shall be provided as required by the City of Kent dur- ing the period of removal. Review of the condition 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 "Proposed Special Use Combining District - SU for Kent Highlands, Inc., Kent, Washington" prepared 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 removal equipment to operate. The reseeding operation shall involve a combination of clo- ver, 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, ap- plicant shall submit a restoration, vegetation and landscaping plan to the City Planning De- partment 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 ex- piration of the permit, other use is approved - 4 - 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 from and after August 1, 1979 with semiannual 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 re- quire said changes. 19) Kent Highlands, Inc. shall furnish to the City a performance bond which shall be in an amount equal to a $100,000 bond purchased in 1974 and increased in an amount equal to the current construction cost index, using 1974 as the base year to assure street maintenance as well as to assure performance of all other conditions of this permit, including the landscaping and re - vegetation 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 sub- ject to forfeiture by the City in full amount, should applicant fail to comply with terms of this Ordinance and perform conditions establish- ed herein promptly and as herein required. FUR- THER, in the event a right of forfeiture of bonds arises because of substantial failure of performance by Kent Highlands, or in the event of substantial non-compliance with any of the terms and conditions as outlined in this Ordi- nance, 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 - 5 - N N tT 00 restoration requirements than those approved 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 distrurbed 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 acknowledgment of receipt of a certified copy of this Ordinance together with Kent Highlands Inc.'s written accept- ance of all the terms and conditions contained herein. Y (ATTEST: MARIE JENSEN, )CITY CL / K A ROVED AS TO FORM: D ALD E. MIRK, CITY ATTORNEY ISABEL HOGANj/MAYOF - 6 - FS �w C+ PASSED the day of 1 ay, 1979. �tLr•� APPROVED the day of a 1979. PUBLISHED the / D day of- 1979. I hereby certify that this is a true copy of Ordinance No. t­2g- , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as here- on indicated. MARIE JE - 7 - , (SEAL)