HomeMy WebLinkAbout5070Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. ORDINANCE NO. 5070
2.
Reference Number{s) of Documents assigned or released:
[--IAdditional reference #'s on page of document
Grantor(s)lBorrower(s) (Last name first, then first name and initials)
icity of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
4. NTRACORP
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
A Portion of the SE quarter of the SE quarter of Section 11, Township 21 North, Range
4, East in King County.
~^dditional legal is on page 11 of document.
Assessor's Property Tax Parcel/Account Number
112104-9014
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 0 7 0
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A
SURFACE MINING PERMIT TO ALLOW THE EXCAVATION OF 88,000
CUBIC YARDS OF MATERIAL TO ALLOW THE DEVELOPMENT OF A 38 LOT
SINGLE FAMILY SUBDIVISION, KNOWN AS VISTAP~ DIVISION II AND
LOCATED WESTERLY OF THE WEST VALLEY HIGHWAY AND
NORTHWESTERLY OF 11?~ STREET NW, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, Application MIN0001-97, dated May 23, 1997
together with site plans therefore, has been submitted to
the City of Auburn, Washington, by INTRACORP, requesting a
surface mining permit to allow the excavation of
approximately 88,000 cubic yards of material to allow the
development of a 38 lot single family subdivision, known as
Vistara Division II and located westerly of the West Valley
Highway and northwesterly of 11th Street NW, within the City
of Auburn, Washington, hereinafter described in Section 2 of
this Ordinance; and
Ordinance No. 5070
January 26, 1998
Page 1
W~EREAS, 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 December 16,
1997, at 7:00 p.m., at the conclusion of which the Hearing
Examiner recommended approval of a Surface Mining Permit to
allow the excavation of approximately 88,000 cubic yards of
material; and
WHEREAS, at the regular meeting of the City Council on
January 5, 1998, the City Council moved to hold a closed
record hearing on the request for a
and
WHEREAS, at the regular meeting
surface mining permit;
of the City Council on
January 20, 1998, the City Council conducted a closed record
hearing to consider said petition in the Council Chambers of
the Auburn City Hall at 7:30 p.m., at the conclusion of
which the City Council approved the issuance of a surface
mining permit, based upon the following Findings of Fact and
Conclusions, to-wit:
Ordinance No. 5070
January 26, 1998
Page 2
FINDINGS OF FACT
The applicant, Intracorp, has requested preliminary plat
approval for a 38 lot single family subdivision. The
plat is located westerly of the West Valley Highway and
northwesterly of 11tn Street NW. The plat will abut the
north side of the existing Vistara Division #1. This
proposed plat is part of a larger preliminary plat that
was approved by the City in 1991. The plat was
previously known as "Sunning Hills" and the preliminary
plat was approved for 96 lots. The first phase of the
plat received final plat approval in 1995 for a total of
55 lots. A number of homes have been constructed on
those lots.
The original preliminary plat that was approved in 1991
did, however, expire prior to the completion of Division
#2. Since the preliminary plat expired, a new
preliminary plat for Division #2 needed to be secured
before a final plat could be approved.
In conjunction with the preliminary plat, a surface
mining permit is also being processed. This permit will
allow for the excavation of 88,000 cubic yards of
material. 33,000 cubic yards will be used on-site as
fill and the remainder will be exported off-site. The
excavation is needed in order to create building lots
for the single family homes. This part of the plat is
encumbered by steeper slopes, which are not conducive
for single family lots. The previous approval did not
contemplate a mining permit. It did, however, become
apparent with the construction of Division #1, that the
previous approval did not fully address the amount of
slope on the property and the need for substantial
excavation to create buildable lots. It was determined
that excavation on a lot by lot basis was not as
effective as excavating a larger area.
4 o
The proposed preliminary plat is reasonably similar to
the previous plat with the following exceptions. A
mining permit is now required to allow for the
additional excavation that is now being proposed and
Ordinance No. 5070
January 26, 1998
Page 3
areas that will be excavated. The number of lots is
reduced from 41 to 38. A short public cul-de-sac at the
northwest corner is being replaced by a private access
tract. The private access tract will provide access to
two lots while the previous cul-de-sac was going to
provide access to seven lots. A larger open space tract
is also being set aside because of the steeper
unbuildable slopes.
The requirements for surface mines are contained within
Chapter 18.62 of the Zoning Ordinance. The State
Department of Natural Resources has also notified us
that they will require a permit of the applicant as
well.
The site is characterized by moderate to steep, densely
vegetated east facing slopes. According to the 1973
"Soil Survey King County Area, Washington", prepared by
the USDA Soil Conservation Service, the subject property
is made up of two dominant soil types: Norma sandy loam
(no) and Alderwood and Kitsap soil, very steep (AkF) .
These two very different soil types correspond very
closely to the topography of the site: The Norma Sandy
loam (No) occurs in the valley portion and the Alderwood
Kitsap soil occurs within the steep hillsides.
Norma sandy loam normally has slopes of less than 2
percent and the following characteristics: Moderately
rapid permeability; seasonal water table at or near the
surface; moderately high to high available water
capacity; slow runoff and a slight erosion hazard.
The mapping unit classified as Alderwood and Kitsap
soils has about 50% Alderwood gravely sandy loam and 25
percent Kitsap silt loam. Slopes range from 25 to 70
percent and the distribution of these soils varies
greatly with short distances. Its characteristics are
variable, but are generally characterized by variable
drainage and permeability; rapid to very rapid runoff;
and severe to very severe erosion hazard. Of particular
note is the potential for severe slippage.
Ordinance No. 5070
January 26, 1998
Page 4
Further information on soil is provided in the report:
"Geotechnical Engineering Study, Vistara Phase II"
prepared by Earth Consultants Inc., May 22, 1997. The
purpose of the report is to review site conditions and
based on this review develop geotechnical
recommendations for the proposed site development. The
geotechnical study concludes that the site's soils are
suitable for the proposed development i__f all of the
study's recommendations regarding slope stability,
foundation placement, slab on-grade construction,
structural fill and drainage are implemented.
The report indicates that the site's soils generally
consist of dense silty sand with gravel. The report
provides recommendations for the conduct of site
preparation and construction activities. Grading will
consist of installation of underground utilities,
construction of new access roadways and grading for the
building lots. It is recommended that building and
pavement areas be stripped of existing vegetation or
other deleterious materials. Any areas of loose or soft
soils should be excavated and replaced with structural
fill. Structural fill should be placed in lifts and
compacted to appropriate standards. Since the subsoils
are considered slightly moisture sensitive due to silt
and clay content, grading operations area recommended to
be conducted during dry weather periods. During periods
of dry weather, on-site non-organic soils may be
suitable for reuse as structural fill.
The report notes that fill may be placed on slopes.
However, on slopes exceeding 25 percent, the fill should
be keyed and benched into the slope. Buildings within
the plat may be supported by conventional spread
footings and continuous footing foundations bearing on
native dense soil or on structural fill. If seepage is
encountered during construction, the excavation should
be sloped to direct the water away from building, slab
and pavement areas.
Given the site's soil characteristics and the
proposal's intent to undertake substantial site
excavation (approximate quantity 88,000 cubic yards),
Ordinance No. 5070
January 26, 1998
Page 5
there remains a substantial potential for erosion and
sedimentation impacts. Appropriate measures shall be
taken to ensure that proposed filling, grading and
construction operations do not result in erosion and
sedimentation impacts on the site's neighbors or the
area's surface water conveyance system. An erosion and
sedimentation control plan will be prepared and required
to meet City standards prior to approval.
A Mitigated Determination of Non-significance was issued
on November 22, 1997 and contained 12 conditions of
approval that deal with geotechnical issues, erosion and
storm drainage control, haul routes, wetlands, open
space and landscaping.
The contents of the case file #MIN0001-97 and the
environmental file #SEP0028-97 of this project are made
a part of the record herein
CONCLUSIONS OF LAW
The mining permit may be approved, if properly
conditioned, in that it is consistent with the
requirements of the Zoning Ordinance. It is apparent
that additional excavation is required to provide for
more reasonable building sites.
For each of the above reasons, the recommendation of
the Hearing Examiner to the Auburn City Council on this
application for a Surface Mining Permit is approved and
affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5070
January 26, 1998
Page 6
The above cited Hearing Examiner's Findings
herewith approved and
Section 1.
of Fact and Conclusions, are
incorporated in this Ordinance.
Section 2. A Surface Mining Permit is hereby approved
to allow the excavation of approximately 88,000 cubic yards
of material to allow the development of a 38 lot single
family subdivision,
westerly of the
11=n Street NW, within
County of King, State of
in attached Exhibit "A".
Section 3. A restoration
known as Vistara Division II and located
West Valley Highway and northwesterly of
the City of Auburn, Washington,
Washington, and legally described
plan, incorporating the
applicable conditions of the mitigated Determination of Non-
Significance (SEP0028-97), the conditions of the preliminary
platPLT0002-97, 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.
Section 4. The conditions of the Final Mitigated
Determination of Non-Significance are incorporated as
conditions by reference.
Ordinance No. 5070
January 26, 1998
Page 7
Section 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.
Section 7. This Ordinance shall effect and be in force
five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
Feblnlary 2, 1998
February 2, 1998
February 2, 1998
CHARLES A. BOOTH
MAYOR
Ordinance No. 5070
January 26, 1998
Page 8
ATTEST:
Danielle E. Daskam,
City Clerk
~ED AS TO FORM:
Michael J. Reyno]Fd's,
City Attorney
Published:
Ordinance NO. 5070
January 26, 1998
Page 9
LEGAL DESCRIPTION
EXHIBIT "A"
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP
21 NORTH, RANGE 4 EAST,
FOLLOWS: W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUAR]~ER OF THE S
QUARTER; OUTHEAST
THENCE S88e13'30'W ALONG THE NORTH LiNE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER A DISTANCE OF 394.84 FEET TO THE POINT OF BEGINNING;
THENCE S31000'11.E 96.00 FEET;
THENCE S04'41'32'E 314.00 FEET;
THENCE S80~23'00~V 113.94 FEET TO THE EASTERLY MARGIN OF PIKE STREET NW;
THENCE S29~13'35'W 90.78 FEET TO A POINT ON THE WESTERLY MARGIN OF PiKE STREET NW;
THENCE N88~'lg'15'W 107.9~ FEET;
THENCE S01~40'45'W 89.85 FEET;
THENCE S62~31,14-E 16.48 FEET TO THE NORTH~VEST MARGIN OF 10TH COURT NW AND THE POINT OF
CURVATURE OF A NONTANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID
CURVE BEARS S38"29'35'E 125.00 FEET DISTANT;
THENCE SOLrrHWESTERLY ALONG SAID MARGIN AND THE ARC OF SAID CURVE, PASSING THROUGH A
CENTRAL ANGLE OF 32~49'17· AN ARC DISTANCE OF 71.61 FEET;
THENCE S62~24,01.W 84.31 FEET;
THENCE S26'43'565.V 129.09 FEET;
THENCE S08'44'26'W 60.20 FEET;
THENCE N85'10't7'W 12S.93 FEET TO THE EASTERLY MARGIN OF R STREET NW;
THENCE N49"43'26'W 53.94 FEET TO A POINT ON THE WESTERLY MARGIN OF R STREET NW;
THENCE N76'4S'20'W 154.46 FEET;
THENCE N86'18'385V 29.11 FEET;
THENCE N8geI9'56'W 90.00 FEET;
THENCE S22~39'27.W 89.14 FEET;
THENCE N76e03'40'W 74.32 FEET TO THE WEST LINE OF SAiD SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER;
THENCE NOC~29,44.~V ALONG SAID WEST LINE 7'87.60 FEET TO THE NORTHWEST CORNER OF EAJD
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE N88'13'30'E ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER 906.00 FEET TO THE POINT OF BEGINNING.
EXCEPT ANy PORTION THEREOF LYING WITHIN THE PLAT OF VlSTARA DIVISION ONE, AS RECORDED IN
VOLUME 174 OF PLATS AT PAGES 78 THROUGH 83, RECORDS OF KING COUNTY, WASHINGTON.