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HomeMy WebLinkAbout47254 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14~ 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e e 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 Page 3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 9. 2 3 4 5 10. 6 7 8 11. 9 10 12. 13. 1. 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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"