Loading...
HomeMy WebLinkAbout4743 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ~ty of Auburn ~lnance Dep;,rtmeni 25 V¢. Main Auburn, WA 98001 RECEIVED MAY 1 21995 KING COUNTY RECORDER ORDIN,~IC:--NO. 4 7 4 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AMENDMENTS TO THE SURFACE MINING PERMIT TO ALLOW ADDITIONAL EXCAVATION OF MATERIAL TO ACCOMMODATE THE CONSTRUCTION OF LAKELAND HILLS DIVISIONS 9, 10, 12, 13 ' AND 14 WITHIN THE LAKELAND HILLS DEVELOPMENT LOCATED SOUTH OF THE STUCK RIVER WITHIN THE CITY OF AUBURN, WASHINGTON, AND REPEALING AUBURN CITY ORDINANCE NO. 4732 ADOPTED MARCH 20, 1995. WHEREAS, Application MIN0001-90 (Revised), has been submitted to the City of Auburn, Washington, on October 6, 1994 by HENDERSON DEVELOPMENT, INC. requesting amendments to the previously approved Surface Mining Permit to allow additional excavation of material to accommodate the construction of Lakeland Hills Divisions 9, 10, 12, 13 and 14 within the Lakeland Hills development located within the City of Auburn, Washington, hereinafter described in Section 3 of this Ordinance; 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 November 22, 1994, at 7:00 p.m. and subsequent to the hearing the Hearing Examiner recommended approval of the amendments to the Surface Mining Permit for Divisions $9, #10, #12, $13 and #14; and Ordinance No. 4743 ,April 24, 1995 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 January 3, a public hearing to be held on January recommendation of the Hearing Examiner; and WHEREAS, the City Council on January 17, public hearing, received exhibits and during 1995, called for 17, 1995 on the 1995 conducted a the hearing the neighboring property owners of the proposal expressed concerns with regard to the amount of excavation and tree removal especially that being proposed adjacent to Division #14. The City Council concluded the public hearing and referred the application to a joint meeting of the Public Works and Planning and Community Development Committees; and WHEREAS, since a joint meeting of the Committees would constitute a quorum of the City Council a special City Council meeting was then held at 5:30 p.m. on February 21, 1995, at that meeting those members of the City Council present considered further testimony with regard to the application, at the conclusion of which.those members of the City Council present voted to recommend that the full City Council approve the amendments of Divisions #9, #10, #12 and #13 but to not approve the amendments to Division #14; and WHEREAS, the City Council on March 6, 1995 approved the revisions to Divisions #9, #!0, #12 and #13 based upon the Findings of Fact and Conclusion of Law contained herein and returned Division #14 to the applicant to prepare revisions to Ordinance No. 4743 April 24, 1995 Pagc 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 the Surface Mining Permit that would reflect the concerns raised during the public hearings and to return Division $14 to the City Council within thirty (30) days; and WHEREAS, the applicant on March 20, 1995 submitted a revised plan for Division No. 14; and WHEREAS, the City Council at their April 3, 1995 meeting scheduled a public hearing to be held at their April 17, 1995 meeting on the proposed revisions to Division No. 14; and WHEREAS, the City Council on April 17, 1995 conducted the public hearing and at the conclusion of which approved a revised layout for Division No. 14. FINDING8 OF FACT The applicant, Henderson Development, Inc., requests an amendment to previously approved preliminary plats for Divisions 9, 10, 12, 13, and 14 of Lakeland Hills. The preliminary plats total 211 single family lots and were approved by the City of Auburn City Council on June 1, 1992. Resolution No. 2315 approved Divisions 9, 10, 12, and 14, and Resolution. No. 2316 approved Division 13. At the time of the original preliminary plat approvals, Division 13 was under different ownership. However, all of the aforementioned Divisions are owned by the subject applicant, and accordingly, all Divisions will be processed as one preliminary plat. In 1992, a surface mining permit was approved which permitted the excavation of 125,880 cubic yards of material, which was required to accommodate construction of the plats. Subsequent to the approval of the preliminary plats and mining permit, the applicant had occasion to prepare more detailed engineering and surveying on the site. As a result of the more detailed engineering and surveying, it was discovered that the Ordinance No. 4743 April 24, 1995 Page 3 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 information originally relied upon by the applicant in preparing the grading plans was partially inaccurate· Accordingly, after the approval in 1992, it was later determined that in order to excavate and grade for the 211 lots that there would be a need to excavate 347,983 cubic yards of material, as opposed to the 125,880 cubic yards previously anticipated. As a result of the additional excavation which was subsequently determined to be required, the final grades would change and would be different than the original approvals. As a result of the changes, the previously approved surface mining permit will need to be changed as well. The surface mining permit was approved by Ordinance No. 4572. The applicant proposes to grade essentially the same area, however, the amount of excavation will increase by 207,864 cubic yards. There are now proposed a number of rockeries to be part of the project. What follows is a per division comparison of the previous approval and the current proposal including the revisions to Division # 14 approved by the City Council on April 17, 1995: Division No. 9 end 10~ The amount of excavation previously approved totaled 62,930 cubic yards with 25,520 cubic yards to be used as fill within the divisions and the remaining 37,410 cubic yards to be exported off-site. The proposed revisions indicate that the amount of excavation is increased to 149,036 cubic yards with 112,879 cubic yards to be used as fill within the divisions and the remaining 36,157 cubic yards to be exported off-site. The proposed revisions also illustrate approximately 2,410 lineal feet of rockery, approximately 4.5 feet in height. The previous approval did not indicate any rockeries. Divisien Nc. 12I The amount of excavation previously approved totaled 24,000 cubic yards with 2,500 cubic yards to be used as fill within the division and the remaining 21,500 cubic yards to be exported off-site· The proposed revisions indicate the amount of excavation is increased to 38,194 cubic yards with 14,231 cubic yards to be used as fill within the division, with the remaining 23,963 cubic yards to be exported off-site· Ordinance No. 4743 Apri~ 24, ~5 Page4 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 The proposed revisions also illustrate approximately 250 lineal feet of rockery, 4.5 feet in height. The previous approval did not indicate any rockeries. Division No. 131 The amount of excavation previously approved totaled 32,450 cubic yards all of which was to be used as fill within the division. There was also proposed to be 32,350 cubic yards of fill that would have been imported to this division. The proposed revisions indicate the amount of excavation is increased to 122,800 cubic yards with all of it to be used as fill on the site. It is also proposed to import 41,37:3 cubic yards to this division. The proposal also illustrates that 2,000 lineal feet of rockery, up to 4.5 feet in height, is being proposed. The previous approval did not indicate any rockery. Division No. 14~ The amount of excavation previously approved totaled 6,500 cubic yards with 500 cubic yards to be used as fill within the division. The remaining 6,000 cubic yards would be exported off-site. The proposed revision indicates that 23,714 cubic yards are being excavated with 18,619 cubic yards being used as fill within the division. The remaining 5095 cubic yards will be exported off-site. The revised application also illustrates that approximately 3100 lineal feet of rockery, up to 8 feet in height is being proposed. The previous approval did not indicate any rockeries. The proposed revision will result in the excavation of 333,744 cubic yards of material. The previous approval authorized the removal of 125,880 cubic yards. Accordingly, the proposed revisions will result in the need to use over 309,287 cubic yards of the excavated material as fill within the division, while the previous approval anticipated the use of just under 93,500 cubic yards of material. The proposed revisions will export over 23,474 cubic yards of material off-site into Pierce County, and the previous approval proposed the exportation of 32,562 cubic yards into Pierce County. As previously mentioned, the.proposed provisions provide for approximately 8,660 lineal feet of rockery, and the previous approval provided for no rockery. Ordinance No. 4743 April 24, 1995 Page 5 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 e e Most, if not all, of the existing vegetation will now be removed as part of the excavation. The only vegetation which will be retained is that which exists on the steeper, unbuildable slopes or within the two open space tracts in Division ~ 14 The 2 to i slopes will be hydroseeded and planted ~ith seedlings and some street tree planting along the lot frontage, and the remainder of the revegetation is proposed to be accomplished by individual homeoWners after the homes are constructed. The rockeries, as proposed, are essentially vertical in slope. A variance is being separately processed, since the Zoning Ordinance permits a maximum finished slope to be 1.5 horizontal for each i foot vertical and excavation is not permitted within 50 feet of an adjoining property line. CONCLUSION OF LAW The revised surface mining permit appears to be consistent with the requirements of the surface mining chapter of the Zoning Ordinance. While the amount of excavation has increased, given the scope of the project, the increase is not overly significant. The applicant is proposing essentially a balanced cut-and-fill operation, with less than 10 percent of the excavated material to be exported out of the development. The amount of existing vegetation to be removed will increase, and accordingly, the amount of required revegetation should increase. For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on the application for the Surface Mining Permit is modified and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Ordinance No. 4743 April 24, 1995 Page 6 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 8eotion 1. Auburn City Ordinance No. 4732, adopted March 20, 1995, is herewith repealed in its entirety. 8eotion 2. The above cited Findings and Conclusions are herewith approved and incorporated in this Ordinance. 8eotion 3. The amendments to the Surface iMining Permit of applicant, HENDERSON DEVELOPMENT, INC. of Divisions #9, $10, ~12 #13 and #14 located within the development of Lakeland Hills, within the City of Auburn, Washington, on property zoned R-2 (Single Family), and legally described on the attached Exhibit "A" and incorporated by reference herein is approved. 8eotion 4. The findings of fact and conclusions of Ordinance No. 4572 be amended to reflect the revised mining permit as proposed and to replace the conditions of Ordinance No. 4572 with the following: At The excess material that is excavated and is to be exported out of the Lakeland Hills development shall avoid, to the greatest extent possible, using the existing dedicated streets within Auburn. The applicant shall provide temporary haul. routes into his property in Pierce County. All haul routes shall be approved by the City Engineer. Prior to or concurrent with the submittal of plat construction drawings the applicant shall provide evidence that the final grades that are actually excavated a? established by t~is permit are consistent with grades being submitted as part of the construction drawings and are consistent with the final grades that are being approved through Ordinance No. 4743 April 24, 1995 Page 7 1 2 3 4 5 6 ? 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 this permit process. This shall be reviewed and approved by.the City Engineer. The mitigating conditions of the Mitigated Determination of Non-Significance (MDNS), File No. SEPO047-90R are incorporated herein by reference. The variance, and condition thereto, to allow for the rockeries and the excavation within 50 feet of property lines shall be approved by the Hearing Examiner prior to this permit being effective. A restoration plan, incorporating the applicable conditions of the MDNS (SEP0047-90R), the conditions of the preliminary plat (File No. PLT0005-90 and PLT0006-90), and the applicable standards of Chapter 18.62, of the Zoning Ordinance, shall be prepared by the applicant and approved by the Planning Director prior to excavation. Fe The design of the rockeries shall be approved by the Planning Director and City Engineer. The Planning Director shall be responsible for aesthetic concerns and the City Engineer shall be responsible for reviewing the structural integrity of the rockeries. The respective approvals shall be received prior to excavation. Section $. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~eotion ~ This Ordinance shall take effect and be in force from and after five days after the date of its publication. Ordinance No. 4743 April 24, 1995 Page 8 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 INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH' MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 4743 April 24, 1995 Page 9 LAKELAND HILLS DIVISIONS 9 & 10 · . LEGAL DESCRIPTION LAKELAND HILLS FUTURE DEVELOPMENT pARcEL ALL ?HA? ?ORTIO# OF T#I: SOU'tH£A.ST QUAA?EI, ~t #0~11f~ ~ANGE S #~e~ ~ .. Or S£C?rON . DCSCA~BCD AS rOLL.Ss IIC c~owrv, COI~ER Or ~AXO SIC?IOM Jl, TONN-"-" - ...... HAJUCIlC Tile SOUTHF. LS? oq&r 4& QUAATll Or SArD SE ,,~,, ,. . ..... CO.El Or T# CT..,,. o. u~ o , E ~_J__Zi NEST, I~1.11 rEe~ ~ x ~z~ TH~ NOATH~T ~T~R OF SAXD e.~..~. .. _ ~tST V~T, ISS.00 F~; THENCE S ,~ ~-o , _ E~E ~N JJ "'' '"~m P~RTH 7802 , * ...... ~T, Jg. Og Fl~ T~ ~l ~ 61 ~----.GA u~ I~ 00o , · ~ A ~R~ ~ ~ RXG~ ~vX Or CURrAnt; ~KI ~ 34'31'07' ~T, S?.O~-*~[~ Or 243.74 SXT~A~ LM TH~ CZTT OF AUBURH, COUNTy OF EX,G, #AS#XNGTOFF. -TTTTT,~,T~ ...... Ordinance No. 4743 ExhibiZ "A" THENCE 31 A DESTRO{ 1/4 LI~E. TH~NCg $1a':J~l'J,"# /'OR A Ol$TAHCB Of I~I.IS , , 4' 7' ' Fgi'T TO Pollrr 'i'HFJ~¢g #l 3 Z3 ¥ ~S4.9! f'g~1' M · e..,.,-- -"' '~ ,~'-~[ vr CURVAI'URg Of' A CURVE CONCAVE S~ASTZRLY THZ RADIUS POINT 0 SO0.O0 FEET; f' ........ THEHCB ALOHG THE s4',~s,zi., fOR ~ ~t~ T~qOUG, A c~,~M~ ~ DXSTANC~ OF 474.90 FB~ ~ ~g ~ Or T~GESCY; A ~I~ Of THENCE S40'S7'31'M 141.9i FE~ ~ A ~l~ Of ~VA~ OF.A ~RVS ~HCAVE S~TE~y ~g ~DXU8 ~l~ Or ~ O~ 849 0Z Ja'g 1880.0~ oxvzsxo# I AS fZL~O x# VD-m- ,,. '.".'.."-"-,,?s_ o_r LAr~L~O NXLM CO(/NTTI -'---- -0- r,~v~4 j I 4 PLATS Of' KING ~E~ H0~'39'ISeM 143.39 ~Cg H0~'07'Siu 619.53 FE~ ~Cg ~N ~ ~6 ~NB 889'1S'~1'g S20.i? FE~ PARCgL ~ 884'31'13"B $0~'47'13s# flT'O7'll'# TflR~N A.C~L AHG~ Of 07'~7,56e ~ ~C 0ZST~ Of It. SS TH~NC~ A~ ~E ~NOARY OF ~KE~HD HZL~ OZVISI~ ~.3 ~I~NCK f70*4~'03uK A OIST~f OF S1.43 THE~Cl S6~'4S'57eW A 0XST~CE Or 89.90 FE~ ~ ~lE ~RGXM OF PRO~SEO ~XE~O HXL~ MAT/ THWACK A~NG SAXO ~AGXN TH~ FO~HXHG Ii N2O*.14t03eV A OZST~CI OF 10.4~ ~E~C~ 0N A ~RVE ~ ~g ~ MZ~ A ~Ol~ 0r 4t54.00 ~R~H A C~ ~G~ Of 0l 16*Sl", ~ ~C 01~Cg O~ '110.74 · HE~Ci ON A ~RVE ~ ~E RXG~ MX~ A ~0XU8 Of 3~.00 THR~H A C~L ~G~ OF 4~'06.37· ~O ~ Ol~g Of 37.42 ~H~ ~ A ~RVS ~ ~l ~ Vl~ A ~Ol~ Or 48.00 T~ A C~ ~G~ Or S~'37"30a, ~ ~ 0X~ O~ 83.46 ~ENCS ~ A ~RVE ~ ~g ~G~ ffl~ A ~0l~ Of 3Z.~ TH~NCK ON A ~R~ ~ ~ RXG~ ~l~ A ~Ol~ Of 41.48 ~Cg 133*43*06'g A DXIT~C~ OF S4'.14 ~EN~ N33'0St43'M A DX~CE Of 1S7.93 ~Cg ~ A ~RVE ~ ~ ~G~ Vl~ A ~0I~ OF 349.1S THR~N A CE~L ~ OF S~'39'3~, ~ ~ ~ OF 364.18 Ordinance No. 4743 Exhibit "A" PAGE ~ Or 3 Ordinance No, 4743 Exhibit "A" PAGE LEGAL DESCRIPTION · LAKELAND HILLS DIVISION NO. 13 WZL, LA, HETT~ H£RZOZAH, ICING , RANG~ Ct)U#Ty, NAS · HZ.C~ ~O ~ S~ LZ~i Or S~ZO Se. ZO. 4, 881 34 43 V 12~q.~q .om ~ __ 1320.Z7 FE~, ~ Tfl~ NO~HE~T CO~ER .......... N00'41'46*E' B~ S77'43'07"E ~2S.00 r~"Gfl~&&K~z O~ ~0 ~RVA~, ~g ~DZU8~' ~ zsZ'Zl ~, 2gS.O0 ~1 ~ O~ FK~I -- -- ~ll~ I~ POO.~OO4el . 77'3 e · A ~L ~c OXST~ OF Ordinance No. 4743 PAG~ X Of' { Exhibit: 'A" F~, ~ A ~r~ Or ~RVA~R~ kZ~ A ~RV' ~..~.~'14'~.2.C *0.4, THE ~OZUS THR~H A ~ ~3~ PAG~ THENCE 837 S4'3OWE TH~NC~ SO~*,3l,~O~ SS.3S P~? or ~x~o TH~HCg A~ ~g S~H LZNg '' Ordinance No. 4743 Exhibit "A" PAGe: 2 Or ~