HomeMy WebLinkAbout43221
2
3
4
5
7,
C 8
M 9
GO 10
lei
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
;kl
0 #:
ORDINANCE NO. 4 3 2 2 "=Y F
Fril °342
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVl�IG A
SURFACE MINING PERMIT TO ALLOW THE REMOVAL OF 170,000 CUBIC
YARDS OF MATERIAL LOCATED IN THE VICINITY WEST OF THE WEST
VALLEY HIGHWAY AND NORTH OF 15TH STREET S.W., WITHIN THE
CITY OF AUBURN, WASHINGTON.
WHEREAS, Application Number 18-87, dated June 25,
1987, together with site plans therefore, has been
submitted to the City of Auburn, Washington, by M.R.& J. K.
MASTRO, A. TERRANA, J. FEIST, M. MONDSCHIEN, and C.
MICHELOTTI, requesting a Surface Mining Permit to allow the
removal of 170,000 cubic yards of material located in the
vicinity west of West Valley Highway and north of 15th
Street S.W., within the City of Auburn, Washington,
hereinafter described in Section 2 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 December 6,
1988, at 3:00 p.m., at the conclusion of which the Hearing
Examiner recommended approval of a Surface Mining to allow
the removal of 170,000 cubic yards of material based upon
the following FIndings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The applicants have requested the issuance of a
Surface Mining Permit for the removal of up to 170,000
cubic yards of material.
--------------------
Ordinance No. 4322
Page 1
12/27/88
89/01 24 #033F
RECD F 10.00
ASHSL »:�+*11_le 00
55
1
2
A
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
2. The subject site is approximately 13 acres in size and
is located northwesterly of the intersection of the West
Valley Highway and 15th Street S.W. The site is currently
zoned C-3 (Heavy Commercial District) and R-S (Single
Family Residential District). The Comprehensive Plan
designates the subject site as heavy commercial, open
space, and single family residential.
3. The evidence establishes that mining permits have been
issued on the site since May of 1972. The original permit
which was issued pursuant to Ordinance No. 2639 was for the
removal of approximately 1,250,000 cubic yards of material.
This permit was extended for five year periods again in
October of 1977 and in June of 1982. The last permit
expired in June of 1987. As of 1982 there were remaining
400,000 cubic yards of material to be excavated.
4. The evidence establishes that a Final Mitigated
Determination of Non -Significance was issued herein on
November 7, 1988 with a number of mitigating measures.
5. Since the original permits were issued the City of
Auburn has adopted its Comprehensive Plan and has also
added Chapter 18.62 which regulates surface mining
activities within the City of Auburn.
6. As part of this application, the applicant has
submitted a soils report as is required by the surface
mining section of the Zoning Ordinance. The Soils Report
proposes slopes of 1 1/2 to 1 and concludes that such slope
configurations will be stable.
7. The surface mining ordinance requires an
identification of a subsequent use of the land following
the cessation of the mining operation. The applicant has
indicated that the site will be utilized for single family
residential uses following the completion of the mining
activity and that a commercial mini storage will be located
within the lower portion of the site which is currently
zoned heavy commercial district. The proposed and
subsequent uses of the site are consistent with the
Comprehensive Plan and Zoning requirements.
8. An adjoining property owner expressed some concern at
the time of the public hearing with respect to the
potential slope stability.
9. The applicants anticipate hours of operation from 7:00
A.M. to 7:00 P.M. exclusive of Sundays and legal holidays
and indicate that no rock crushing or similar equipment
will be utilized on -site.
10. Currently there is an existing 6 foot fence around the
perimeter of the site which the applicant has proposed to
maintain during the duration of the surface mining
operation.
--------------------
Ordinance No. 4322
Page 2
12/27/88
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
27
28
29
30
31
32
11. The staff report, with its recommendation of
conditional approval, is incorporated herein by reference
as though set forth in full.
CONCLUSIONS OF LAW
1. The Auburn Zoning Ordinance contains extensive surface
mining regulations at Chapter 18.62.
2. The applicant has submitted a soils report as is
required by the ordinance.
3. The applicant's soils report has concluded that the
finished slopes as proposed will be stable and there is no
contrary evidence.
4. All of the adverse impacts which will be generated by
the use as proposed will be mitigated through conditions
imposed herein and through conditions imposed in the
environmental review process.
5. The applicant has established the requirements for the
surface mining permit.
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:
Section 1. The above cited Hearing Examiner's of Fact
and Conclusions, are herewith approved and incorporated in
this Ordinance.
Section 2. A Surface Mining Permit is hereby approved
to allow for the removal of material on property located in
the vicinity west of the West Valley Highway and north of
15th Street S. W. situate in the City of Auburn, County of
King, State of Washington, and legally described as
follows, to -wit:
--------------------
Ordinance No. 4322
Page 3
12/27/88
4
1
2,
3
4
e-i
51
6
7
8
9
10
11
121
13
14
15
16
17
18
19
20
21
22
23
24
25
261
27
28
29
30
31
32
That portion of the east quarter of the
NW1/4 of Sec 23, TWP 21 N, R 4 EWM,
King County, Washington, described as
follows: Beginning at a point on the W
line of said subdivision where it is
intersected by the N line of the S 16-
1/2 acres of the E 1/2 of the SE 1/4 of
the NW 1/4 of said Sec 23; thence N
along the W line of the said east
quarter of the NW 1/4, a distance of
400 feet; thence east to the east line
of said quarter of the NW 1/4, thence
south along said east line 400 feet
more or less, to the north line of said
S 161/2 acre tract; thence west along
said north line to the point of
beginning; except portion thereof
within West Valley Road (secondary)
State Highway 5-M).
The north 250 feet of the S 16-1/2
acres of the E 1/2 of the SE 1/4 of the
NW 1/4 or said Sec 23, less West Valley
Road (secondary State Highway 5-M or
Sate Road No. 69).
East 270 feet of Lots 4 thru 11, Blk
13, Jovita Heights, together with the
portion of 58th Avenue S adjacent.
Section 3. All sections of Chapter 18.62 of the
Auburn Zoning Ordinance shall be adhered to.
Section 4. A six foot fence shall be installed and
maintained around the periphery of the site, as proposed,
throughout the duration of the mining operation.
Section 5. 1 1/2:1 slopes shall be allowed as
proposed. Operation of the surface mine and removal of
mined material shall be substantially consistent with the
grading plan and application as submitted.
Section 6. As required by the Auburn Building
Official, appropriate geotechnical reports may be required
prior to placement of extracted materials within the City
--------------------
Ordinance No. 4322
Page 4
12/27/88
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
27
28
29
30
31
321
of Auburn, to ensure that the material is suitable for
filling and grading purposes.
Section 7. As required by the Auburn Building
Official, slopes in excess of 25% grade shall be
revegetated with a tree and shrub canopy comparable in
species, variety and density to adjacent vegetated areas
classified as Open Space.
Section 8. In conjunction with approval of a haul
route, the Public Works Director will consider requirements
for appropriate traffic control.
Section 9. This permit shall be granted for a five
year period from the effective date of the Ordinance. At
the end of the five year period, the operation shall be
complete as to finished grades or the remainder of the site
graded to acceptable slopes and restored as required. The
site shall be fully restored and graded upon the end of the
five year period
Section 10. 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 11. The Mayor is hereby authorized to
implement such administrative procedures as may be
necessary to carry out the directives of this legislation.
Section 12. This Ordinance shall effect and be in
force five (5) days from and after its passage, approval
and publication, as provided by law.
--------------------
Ordinance No. 4322
Page 5
12/27/88
A03
0
e�
0
.m
00
1
2
3
4
5
6
7
8
9
10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
INTRODUCED: JANUARY
3, 1989
PASSED: JANUARY
3, 1989
APPROVED: JANUARY
3, 1989
MAYOR too
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
-4
Marguerite Schellentrager, City Attorney
Published: JANUARY 9, 1989
--------------------
Ordinance No. 4322
Page 6
12/27/88
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4322 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4322 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 3rd day of January A.D., 1989.
I further certify that said Ordinance No. 4322 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 9th day of January A.D.,
1989.
Witness my hand and the official seal of the City of
Auburn this 7th day of March A.D., 1989.
City Clerk of the City of Auburn