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City of Auburn F ;07 _ ... jz/
Finance Depanrnen!
~:~ 25 W. Main :' ~ . .
Auburn, WA 98001 ~ '~'~i .
ORDI~ANC]~ ~0. 4 7 2 5
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A
SURFACE MINING PERMIT TO ALLOW THE EXCAVATION OF APPROXIMATELY
220,000 CUBIC YARDS OF MATERIAL TO ACCOMMODATE THE
CONSTRUCTION OF A 176 LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION WITHIN THE CITY OF AUBURN, WASHINGTON.
Wq{EREAS, Application MIN0001-94, dated 'January 7, 1994,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by CENTEX REAL ESTATE CORPORATION,
requesting a Surface Mining Permit to allow the excavation of
approximately 220,000 cubic
the construction of a 176
subdivision located south of
Park within the City of
yards of material to accommodate
lot single family residential
Howard Road, north of Game Farm
Auburn, Washington, hereinafter
described in Exhibit "A" attached hereto and made a part
hereof as though set forth in full herein; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner based upon staff review,
held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on October 18, 1994, at 7:00
p.m., at the conclusion of which the Hearing Examiner
recommended to the City Council approval of the Surface Mining
Permit; and
Ordinance No. 4725
December 27, 1994
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WHEREAS, the City Council on November 21, 1994 considered
the Hearing Examiner's recommendation and scheduled its own
public hearing to be held on December 19, 1994; and
WHEREAS, the City Council on December 19, 1994 conducted
its own public hearing and at the conclusion of which affirmed
the Hearing Examiner's recommendation to allow the excavation
of approximately 220,000 cubic yards of material based upon
the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
The applicant, Centex Real Estate Corporation, through
its agent, Landmark Engineering, seeks a surface mining
permit to allow the construction of 176 lot single family
residential subdivision on a site which is slightly over
55 acres in size. The site is located south of Howard
Road, north of Game Farm Park, and west of the Forest
Ridge neighborhood. The site was previously known as the
Meade Gravel Pit.
Currently, the site is zoned R-2, Single Family
Residential, and is a vacant mining site. Surrounding
zoning and land uses include R-2, vacant to the north; P-
1, Public, Game Farm Park, to the south; R-2, Single
Family, to the east; and R-2, Single Family, to the west.
The evidence establishes that the site was utilized for
surface mining until approximately 25 years ago. In
addition, the southwest corner of the site contained an
asphalt batch plant which operated until approximately 10
years ago. In order to regrade the site for future
development, the abandoned site needs to be reclaimed and
regraded to accommodate a subsequent land use.
The evidence establishes that as a result of the amount
of grading and excavation to provide for a reasonable
building site, a surface mining permit must be issued.
The proposed surface mining permit will allow for the
Ordinance No. 4725
Deceml)er 27, 1994
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e
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excavation and grading of approximately 200,000 cubic
yards of on-site material and will remove about 90% of
the ~xisting vegetation. The majority of the excavated
material will be used on-site for either fill or street
construction. An estimated 20,000 cubic yards of
unsuitable material will be removed from the site. In
addition, the evidence establishes that approximately
10,000 cubic yards of material will be imported to the
site as needed to accommodate to proposed construction
and subsequent development.
Surface mining is regulated by Chapter 18.62 of the
Zoning Ordinance.
The applicant has requested permission to bring a
portable rock crusher to the site to process about 15,000
to 20,000 cubic yards of material. The applicant intends
to use the crushed material for part of the construction
of the subdivision including road bed preparation.
Currently, portable, rock crushers are permitted by
Section 18.62.040(J) of the Zoning Ordinance. In
addition, the Zoning Ordinance allows for conditions to
mitigate noise impacts. The applicant at this time has
not determined the exact location of the crusher, but the
applicant and the City anticipate it will be located in a
portion of the site which will least impact adjoining
residential areas.
The evidence establishes that an application was
considered on this property in 1986 which involved the
excavation of 1,000,000 cubic yards of material. The
application was denied as a result of the fact that the
previous application was primarily a mining operation and
not a reclamation project as is now proposed.
The excavation of the site and subsequent development of
a residential subdivision are most likely to occur
concurrently. However, most, but not all of the
excavation will be completed prior to homes being
constructed. There are provisions in the Zoning
Ordinance at Section 18.60.050(B) which stipulate how
disturbed areas are to be stabilized. In addition,
Condition 3 of the Mitigated Determination of Non-
Significance addresses disturbed areas and the prevention
of erosion and dust.
Ordinance No. 4725
Dex~mber 27, 1994
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The Zoning Ordinance contains 20 surface mining standards
at Section 18.62.040 which address such topics as
drainage, hours of operation, noise, dust, and street
cleaning. The City staff has determined that the subject
application is capable of complying with these standards.
As a result of the surrounding residential neighborhoods,
standards relating to noise and dust should be
strengthened.
A subsequent land use must be approved as part of a
surface mining permit pursuant to Section 18.62.050.
There is a proposed preliminary plat which meets this
requirement.
The Mitigated Determination of Non-Significance herein
results from an extensive environmental review of the
project and contains 29 mitigating conditions which
address subjects from construction of the subdivision to
excavation.
The review of the surface mining permit has been
accomplished with the goals of the Comprehensive Plan
closely in mind.
The staff report, with its recommendation of conditional
approval, is incorporated herein by reference.
CONCLUSIONS OF LAW
The surface mining permit is consistent with Chapter
18.62 of the Zoning Ordinance. The subject surface
mining permit is required to excavate, but it is not the
scope of other mining operations within the City or
previously proposed on this site. The amount of material
to be excavated, approximately 200,000 yards, is not a
significantly large amount as a result of the size of the
site, 55 acres, and the subsequent land use, a proposed
176 preliminary plat.
The excavation is needed to provide for reasonable
building sites while regrading and filling the site as
needed to building as a result of previous mining
activities.
Ordinance No. 4725
December 27, 1994
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e
The application has been prepared to meet or exceed the
City's surface mining regulations and extensive
environmental review has been completed to allow for
additional safeguards to reduce any impacts to adjoining
neighborhoods.
For each of the above reasons, the surface mining permit
should be conditionally approved.
For each of the above reasons,
Hearing Examiner to the Auburn
application for a SurfaCe Mining
affirmed.
NOW, THEREFORE,
the recommendation of the
City Council on this
Permit is approved and
THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Beotlon 1. The above cited
of Fact and Conclusions, are
incorporated in this Ordinance.
Bection Z. The conditions of the Final Mitigated
Determination of Non-Significance, Application NO. SEP0003-94,
shall be incorporated herein by reference.
Hearing Examiner's Findings
herewith approved and
Section 3. The location of the rock crusher shall be
approved by the Planning Director. It shall be located such
that it has the least amount of impact upon existing
residential neighborhoods. Any parties of record who
testified at this public hearing and who expressed concern
with regard to the crusher will be notified by the Planning
Director as to the location of the crusher once it has been
Ordinance No. 4725
December 27, 1994
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determined. The crusher will only operate between the hours
of 8:00 a.m. and 5:00 p.m. Monday through Friday, and will not
be permitted to operate on Saturdays, Sundays, or legal
holidays.
Bection 4. The two stub streets, that abut the plat on
its east boundary, shall be temporarily barricaded. No
traffic shall be allowed onto these streets, except for
emergency vehicles, until the applicable streets with the
subdivision have been
Construction entrances
or to 29th Street
constructed and dedicated to the City.
shall be limited to either Howard Road
and shall be signed as being the
construction entrances for this project.
8eotion 5. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City
of Auburn shall cause this Ordinance to be recorded in the
office of the King County Auditor.
Section 6. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
8ectlo~ 7. This Ordinance
five (5) days from and after
publication, as provided by law.
shall effect and be in force
its passage, approval and
Ordinance No. 4725
December 27, 1994
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INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Published:
Ordinance No. 4725
December 27, 1994
Page 7
The property is legally known as:
PARC{~ A:
THE NORTHEAST QUARTER OF THE NORTHW~T QUARTER OF SECTION 39, TOWNSHIP 21
NORTH, RANGE 5 EAST, WILLAIvlETTE {~RI]DIAN, IN K]~G COUNTY, WASHINGTON; EXCEPT
THAT PORTION LYING NORTHERLY OF THE SOUTHERLy MARGIN OF THE AUB URN-
ENUMCLAW ROA~ NO. 1001;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THP'NCE SOUTH
0~21'58" WEST ALONG THE EASTERLy LINE OF SAID NORTHEAST QUARTER 11 $.82 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°52~)$'' WEST 189.74 FEET;
THENCE SOUTH 1°28'00" VI~..ST 146.45
THENCE SOUTH 80°39'50" WEST 168.85 FEET;
THENCE SOUTH 26~'05'43" WEST ~.78 FEET;
THENCE SOUTH 73~26'25" EAST 260.25 FEET;
THENCE NORTH 88°22'08" EAST 13~.43 FEET TO THE EASTERLY LINE OF SAID NORTHEAST
QUARTER;
THENCE NORTH 0~21'58" EAST ALONG SAID EAS 11:~RLY LINE 307.11 FEET TO THE TRUE POINT
OF BEGUmS'lNG; AND
EXCEPT A PORTION OF THE NORTHEAST QUARTER OF THE NORTI-P~EST QUARTER OF
S~ON 29, TOWNSHIP 21 NORTH, RANGE 5 EAST, ]~ i'l'E ~RH)[AN, IN KING
COUNTY. WASHINGTON, DESCRIBED AS FOLLows:
COMIVlENCING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION;
THENCE NORTH 0°21'58' EAST ALONG THE EAST LINE OF SAID SUBDIVISION 168 30 Ft~'I' TO
TIIE TRUE POINT OF BEGINNING;
THENCE NORTH 84~'55'42" WEST 10i.~ FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20 FEET,
C~ ANGLE OF 85°17'40" FOR AN ARC LENGTH OF 29.77 FEET;
THENCE NORTH 0°21'58' EAST 70 FF_,ET;
THENCE SOUTH 89~38'02' EAST 120.00 lq=~l' TO THE EAST LINE OF SAID SUBDMSION;
THENCE SOUTH 0°21 '58' WEST ALONG SAID EAST LINE 98.30 FEET TO THE TRUE POINT OF
BEGINNING.
PARCELB:
THOSE PORTIONS OF OOVERNIvlENT LOTS 3 AND 4, SECTION 29, TOWNSIOP 21 NORTH. RANGE
5 EAST. WI{ .! ~ l l 1= IVlERIDiAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE
PLAT OF SOUTHDALE, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 59 OF
PLATS, PAGE (S) 25. IN IO~O COUNTY. WASI-H~GTON. AND LY]]VG EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SOUTIH)ALE NO. 2. ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 74 OF PLATS, PAGE(S) 5, IN KING COUNTY,
WASI-HNGTON;
THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID PLAT A DISTANCE OF 300 FEET
OF AN ANGLE POINT;
THENCE NORTHWF~i~c~,Ly IN A STRAIGHT LiNE TO A POINT IN ~IE NOR~IERLY BOUNDARy
OF LOT 6 IN SAID I~.~T OF SOUTHDALE NO. 2, WHICH IS 97 ~ EASTERLY OF THE
NORTHWEST CORNER OF SAID LOT 6 AND THE TERMINUS OF SAID DESCRIED LIN~ EXCEPT
THE NORTH 20~ P~l~l- OF THE EAST 312 FEEt OF SAID GOVERNMENT LOT 3; AND EXCI~'T
THAT PORTION OF THE REMAII~)ER LYING NORTHERLY OF THE SOUTHERLY MARGIN OF
AUBURN-ENUIVIC~AW ROAD NO. 1001;
TOGETHER WITH ALL OF GOVI~.NMENT LOT 5, SECTION 29, TOWNsIOP 21 NORTH. RANGE 5
EAST, WII! ~MI=I 1~ Iv[~'R.R)~, IN {ONG COUNTY, WASH]]~IOTON.
)~'d~-nance No. 4725
;×h£b±t: "A"