Ordinance 1566-89 - Laserfiche WebLink

2. Changes During Construction The Owner agrees that all layout, development, and maintenance shall be per this Agreement and the approved site plan. However, should any Owner desire to make any changes during construction in the approved site plan or terms of this Agreement, specifically regarding landscaping and signage, said Owner shall bring this to the immediate attention of the City's Planning Director or City Engineer. If, after reviewing a detailed site plan, the Planning Director or City Engineer determines that the change proposed is not substantial (meaning a cumulative change of 1O% of the total project or less), the Planning Director or City Engineer may authorize the change. However, if in the opinion of the Planning Director or City Engineer, the requested change is a substantial change, the Owner shall be required to go to the Hearing Examiner to seek authorization for the proposed change. The Planning Director's or City Engineer's ruling may be appealed to the Hearing Examiner. In any event, anytime a change results in a substantial change to the terms or requirements of this Agreement, this Agreement must be amended by written amendments hereto duly executed by the Owner and the City's Mayor. 3. In addition, the development of the asphalt batch plant must comply with the following conditions: a. Prior to recording of the rezone, a Notice of Construction permit must be obtained from the Puget Sound Air Pollution Control Agency. b. The southern boundary of the asphalt batch plant site would now run along 15th Street. Landscaping must be provided along the entire 15th Street frontage, except for driveways, to provide screening from the C-1 zoned property to the south. At a minimum, planting must consist of sufficient evergreen trees to provide screening. The planting areas must be protected from damage by the aggregate piles and trucks. All landscaping must be kept in a healthy condition. All dead or dying plants must be replaced. If Burlington Northern also owns the land to the south across 15th Street, the landscape screening may be provided in that area. Landscaping must be completed or bonded for prior to operation of the asphalt batch plant. At the latest, the landscaping must be provided within 6 months of recording of the rezone. (SEPA Aesthetics and Other Policies) c. The aggregate areas and all non-paved areas must be watered often enough to prevent dust emissions from the site. (SEPA Earth and Air Policies) d. In order to minimize dust emissions from the site, all areas shown as driveway areas around the office and the batch plant, as well as the parking areas and Water Street, must be paved. (SEPA Earth and Air Policies) e. To minimize the effects of dust emissions, at a minimum a row of evergreen trees must be provided along the west side of this project from 15th Street to the north of the fenced area by the maintenance buildings. These plantings may be located to the west of Water Street. Plantings must be sufficient to provide a screening effect. (SEPA Air Policies) "''' Ir4 FYd CONCOMITANT AGREEMENT - 2 -L2220 PA6E2013 vo 904120072