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Home My WebLink About3549 ORDINANCE NO. 3 5 4 9 i.t.'r,•; .'135+ Er'EI:G 'r GR6H$L X00 17--5f7•1G0-YL .fr *+a'.OU 22 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVAL SPECIAL.PROPERTY USE RECLAMATION PERM11T TO MINE GRAVEL FROM CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED TO ROBERT LLOYD, SUBJECT TO THE PROVISIONS HEREINAFTER SET FORTH. r? WHEREAS, ROBERT LLOYD has filed an application with the City of Auburn, Washington, to renew a permit to mine gravel from certain real property herein- L0 ? pD , after described, located on the West Hill lying southwesterly of 15th Street 0r CD CV? Northwest, adjacent to 60th Avenue South (County Road), authorized"under Auburn CDi 00b City Ordinance No. 2881, passed April 7, 1975; and WHEREAS, thereafter pursuant to law, and pursuant to proper legal notices, t hearings on said application were had before the Auburn Planning Commission, which Planning Commission thereafter made recommendation to the Auburn City Council; and WHEREAS, thereafter pursuant to proper legal notice, hearings were had before the Auburn City Council on said application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a Gravel Removal Special Property Use Reclamation Permit is herewith granted to ROBERT LLOYD for the mining of gravel from the following described real property, located in Auburn, Washington, to-wit: The Southwest 1/4 of the Southeast 1/4 of Section 11, Township 21 North, Range 4, East W.M., situated in the City of Auburn, County of King, State of Washington. Section 2. That the issuance and maintenance of said Gravel Removal Special Property Use Reclamation Permit shall be contingent upon compliance by the petitioner and/or his assigns with the following conditions and restrictions: 1. The issuance and maintenance of this Special Property Use Permit shall be contingent upon compliance by the petitioner and/or his assigns with the following•general,conditions and restrictions: . • f A. That this permit shall be granted for the removal of sand, gravel and earth materials only,with no processing of said materials-by mechanical means being allowed on the site. F• -------------------- Ordinance No. 3549 Page One 9-10-30 RECORDED Tf1fS rl;{Y F6 9 2 3s PH ig I g'. FlfED .SI' (K fl'-l.l ps !& Li C1?. i rs KftrV r? ?'??T i rI B. No undercutting of finished slopes will be allowed. C. That the hours of operation of the Reclamation Site shall be limited to - from 7:00 A.M. to 7:00 P.M. - six (6) days a week with, no materials or operation of mechanical equipment on the site on Sundays or legal holidays. D. That no blasting or other activities producing ground vibrations next to structures or buildings on adjacent properties shall be allowed. 10 E. All the equipment operating within the permit area using gasoline or diesel engines shall be equipped with a muffler. O A muffler means a device consisting of a series of chambers, N baffles, or other mechanical designs for the purpose of c, receiving exhaust gases from internal combustion engines a and being effective in reducing noise resulting therefrom. c F. When transporting materials to any individual fill site in excess of one thousand (1,000) cubic yards, traffic control and truck routes within the City shall be submitted to the City Public Works Department for approval prior to hauling. G. All final slopes and excavated areas shall be restored by covering with sand and dirt to a minimum of six (6) inches in depth, seeded and caused to grow with a mixture of seed, fertilizer and wood cellulose fiber in accordance with the most recent requirements of the Washington State Highway Department for hydroseeding. Seeding of final slopes and excavated areas shall begin within 90 days after excavation is completed, unless otherwise directed by the Planning and Community Development Committee due to weather conditions. H. Approvals from the State of Washington pertaining to air, water and noise pollution and land restoration, if applicable, shall be submitted to the City Planning Department prior to removal of any material from the approved reclamation site. I. The City shall have the right to make inspections of the reclamation site at any reasonable time to determine compliance with. the provisions of the permit. The City shall notify the owner and/or operator of a proposed inspection, lack of such notification shall not be cause for denying the right to inspect. The owner and/or operator shall have the option of accompanying the inspector. J. A performance bond in the amount of one thousand dollars ($1,000.00) per acre guaranteeing restoration of the reclamation site shall be filed with the City Planning De- partment prior to commencement of grading. The bond require- ments of the City may be met by making the City co-beneficiary under the bond requirements of the State of Washington Depart- ment of Natural Resources or any other state department. K. Maximum sound pressure levels shall be as prescribed in Exhibit "A" - Noise Control Regulations. Which exh.i;bit shall be attached to and become a part of the permit. --------------------- Ordinance No. 3549 Page Two 9-10-80 e L. That the revised grading plan designated as Mountain View Terrace prepared by Cavness Engineers dated September 2, 1980 be attached and become a part of the permit. M. That if the ownership is transferred the new owner and/or owners shall be required to review the grading plan and conditions with the City Council Planning and Community Development Committee to insure compliance with the conditions of the permit. W O co N. Every six (6) months after the effective date of this Ordinance the owner and/or engineer shall submit to the City Planning Department a report of the amount of material removed together with a statement and other information to indicate compliance with the grading plan. The Planning Department may require additional information if necessary to insure compliance. 0. That the transporting of materials (sand, gravel, topsoil, etc.,) to this mining site shall be considered as incidental to the operation and shall consist only of materials excavated from a site being filled by the owner. Section 3. This permit will be for a five (5) year period from the effective date of this Ordinance. Section 4. Upon the passage, approval and publication of this Ordinance as provided by law and upon the approval thereof}by the applicant, the Auburn Planning Director shall cause a certified copy of this Ordinance to be recorded in the office of the King County Auditor. Section 5. The provisions of this Ordinance shall be binding upon the applicant, his heirs, successors and assigns, and this Ordinance shall not be fully effective until agreement to all the provisions thereof is signified by the signature at the end of this Ordinance by the applicant. Section 6. Failure of the applicant, his heirs, successors or assigns to comply with any of the provisions of this Ordinance shall result in the termination of any activities on the above cited real property until the City of Auburn Planning Department received assurance of compliance herewith. Section 7. This Ordinance shall become effective five (5) days from and after its passage, approval and publication, as provided by law, and upon the ---------------------- Ordinance No. 3549 Page Three 9-10-80 execution hereafter by the applicant. INTRODUCED PASSED: APPROVED: SEPTEMBER 15, 1980 SEPTEMBER 15, 1980 SEPTEMBER 15, 1980 uh"1"'J ? MAYOR Q ?p ATTEST: C City Cl k 1 .? ROBERT LLOYD herewith agrees to comply with all of the above provisions of Ordinance No. 3549 of the City of Auburn, Washington. DATED this 2i30Eb day of ?/l73r? 1980. ROBERT L 0` ---------------------- Ordinance No. 3549 Page Four and Last 9-10-80 PUBLISHED: SEPTEMBER 21, 1980 STATE OF WASHINGTON) ss COUNTY OF KING ) I, Coralee A. McConnehey, 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 fore- going is a full, true and correct copy of Ordinance No. 3549 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, 14AS[UIVGT(%V, GRA=G A GRAVEL REMOVAL SPECIAL PROPERTY USE RECLAMATION PERMIT TO MINE GRAVEL FROM CERTAIN REAL `N PROPERTY HEREINAFTER DESCRIBED TO ROBERT LLOYD, SUBJECT TO THE PROVISIONS L0 HEREINAFTER SET FORTH. O 0` O N O co I certify that said Ordinance No. 3549. was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 15rh day of G, p,1,pr A.D., 19?_. I further certify that said Ordinance No. 3549 was published as provided by law in the Daily Globe News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 1Gr day of c°rA.D., 19__80_. WITNESS my hand dhd the official seal of the Cday of tlara„hor , A.D., 19?g j Y J? : Auburn,-this 3rd r CITY i V r 7