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~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
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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
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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
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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
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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
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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
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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
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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
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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,
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Ordinance No. 4743
ExhibiZ "A"
THENCE
31 A DESTRO{
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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
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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
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Ordinance No. 4743
Exhibit "A" PAGe: 2 Or ~