Loading...
HomeMy WebLinkAbout3589 000 i7 S? 7 a,oo . led yz RE mu') Till`, ORDINANCE NO. 3 5 8 9 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVA4.7 SPECIAL PROPERTY USE PERMIT TO MINE GRAVEL FROM A PARCEL OF LAND LOCATED ON THE WEST SIDE OF THE WEST VALLEY HIGHWAY IN THE 2000 TO 2600 BLOCKS, SUBJECT TO THE PROVISIONS HEREINAFTER SET FORTH. WHEREAS, PAUL WILSON, WILLIS CALHOUN and VIRGIL YOUNG have filed an cn application with the City of Auburn, Washington, to mine gravel from certain %Q Q©, real property hereinafter described, located on the west side of the West Valley Highway in the 2000 to 2600 blocks; and co WHEREAS, thereafter pursuant to law, and pursuant to proper legal notices, hearing 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 Permit is herewith granted to PAUL WILSON, WILLIS CALHOUN and VIRGIL YOUNG for the mining of gravel from the following described real property, located in Auburn, Washington, to-wit: That por of the NE 1/4 of the NE 1/4 of Sec 11, Twp 21 N, R 4 EWM in King Co., WA, desc as foll: Beg at the SE cor of sd Subd.; th N 1°10'45" E alg the E In of sd Subd 165 ft; th W in a straight In tap on the W In of sd Subd which is 188.87 ft N of the SW cor; th S alg sd W In 188.87 ft to the SW cor of.sd'Subd; th E alg the S In of sd Subd to TPOB. EXCEPT that por conveyed to King Co. for road by deed rec under Auditors File No. 694380. SUBJECT TO: Easement dated July 1, 1912.for water works, pipes, mains and connections disclosed by instrument rec Aug. 27, 1948 under Auditors File No. 3832554; SUBJECT TO: Easement for water pipe line with right to use water therefrom rec Dec. 1, 1885 under Auditors File No. 8788; SUBJECT TO: Easements, restrictions and reservations of record. That por of the NE 1/4 of the NE 1/4 of Sec 11, Twp 21 N, R 4 EWM in King Co., WA, desc as foll: Beg at the SE cor of sd subd; th N 1°10'45" E alg the E In thof 165' to the TPOB; th cont N 1°10'45" E a1g sd In 495'; th N 88°49'15" W 1301.67' to the W In of sd subd; th S 1°19'09" W alg sd In 495'; th S 88°49'15" E 1302.88' to the TPOB; EXCEPT the E 30' thof for road conveyed to King County by deed rec under Auditors File No. 694380. SUBJECT TO: Easement for water pipeline and right to use water therefrom recorded 12-1-1885 under Auditors File No. 8788, records of King Co., WA. SUBJECT TO: Easements, restrictions and reservations of record. ------------------ Ordinance No. 3589 Page One 12-10-80 81?02?05 PF-CD F C)4'7P5L 4063a 1" $. 00 'DOI 1: , q I The N 1/2 of the NE 1/4 of the NE 1/4 of Sec 11, Twp 21 N, R 4 EWM in King Co., WA except that por lyg Sly of the foll desc In: Beg at a pt on the E In of sd NE 1/4 of the NE 1/4 sd Sec 11, 660' N of the SE cor, th N 88°49'15" 1301.67' tap on the W In of sd Subd 683.87' N of the SW. cor of sd NE 1/4 of the NE 1/4 of sd Sec 11. Except the E 30' of sd NE 1/4 of the NE 1/4 sd Sec 11, conveyed to King County for road by deed rec under Auditors File No. 694380. Section 2. That the issuance and maintenance of said Gravel Removal Special Property Use Permit shall be contingent upon compliance by the petitioners and/or their assigns with the following conditions and restrictions: co 1. The permit for a two (2) year period from the effective date of this Ordinance. 2. Excavation shall be in accordance with the plans and profile on file in the Planning Department designated as the Auburn West Industrial Park, sheets 1 and 2 dated September 5, 1980. 3. This permit shall be for the removal of sand, gravel and earth. materials only with no crushing of material by mechanical equipment allowed. 4. No undercutting of finished slopes will be allowed. 5. No blasting or other activities producing ground vibrations will be allowed. 6. All equipment operating within the permit area using gasoline or diesel engines shall be equipped with an approved muffler containing a series of chambers, baffles or other mechanical designs for the purpose of receiving exhaust gases from internal combustion engines and being effective in reducing noise resulting therefrom. 7. Noise levels shall not exceed those levels established by the Washington State Department of Ecology. 8. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. six (6) } days per week. No materials shall be removed on Sundays or legal holidays ------------------ Ordinance No. 3589 Page Two 12-10-80 t t 9. All final slopes and excavated areas shall be seeded and caused to grow with a mixture of seed, fertilizer and wood cellulose fiber in accordance with the most recent require- G7 ACf ments of the Washington State Highway Department of 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. 10. Approvals from the Sate of Washington pertaining to air, water and noise pollution andaland restoration, if,applicable, shall be submitted to the City Planning Department prior to removal of any material from the approved reclamation site. 11. The City shall have the right to make inspections of the reclamation site at any reasonable time to determine compliance with the pro- visions 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. 12. A performance bond in the amount of Ten Thousand Dollars (_$10,000.00) guaranteeing restoration of the reclamation site shall be filed with the City Planning Department prior to commencement of grading. 13. 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. 14. 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. ------------------ Ordinance No. 3589 Page Three 12-10-80 15. Care should be taken to maintain existing drainage channels free of mud and debris and drainage-culverts should be in- stalled, as well as total restoration, after the hauling operation has been completed. Steep banks should be hydro- seeded and trees planted to restore the growth. 16. A mobile broom should be present during the hauling operations N to keep the West Valley Highway clean per the City of Auburn's 0 O inspection requirements and a paved apron may need to be in- stalled to aid this situation. 17. Truck crossing signs should be installed per the Manual on Uniform Traffic Control Devices and flagmen furnished, if needed. More information is required as to the hours of the haul, the number of yards to be moved, the number of trucks involved and the routes which they will be taking. This in- formation should be approved by the Public Works Department prior to the beginning of hauling operations. Section 3. Upon the passage, approval and publication of this Ordinance as provided by law and upon the approval thereof by the applicants, the Auburn Planning Director shall cause a certified copy of this Ordinance to be recorded in the office of the King County Auditor. Section 4. The provisions of this Ordinance shall be binding upon the applicants, their heirs, successors and assigns, and this Ordinance shall not be fully effective until agreement to all the provisions thereof is signified by the signatures at the end of this Ordinance by the applicants. Section 5. Failure of the applicants, their 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 receives assurance of compliance herewith.. ------------------ Ordinance No. 3589 Page Four 12-10-80 Section 6. This Ordinance shall become effective five (5) days from in C? dCr and after its passage, approval and publication, as provided by law, and upon the execution hereafter by the applicants. INTRODUCED: DECEMBER 15, 1980 PASSED: DECEMBER 15, 1980 APPROVED: DECEMBER 15, 1980 M A Y O R ATTEST: G ': r City erk f PAUL WILSON, WILLIS CALHOUN and VIRGIL YOUNG herewith agrees to comply with all of the above provisions of Ordinance No. 3589 of the City of Auburn, Washington. DATED this Ll day of 19S. WILLIS CALHOUN ------------------- Ordinance No. 3589 Page Five of Five 12-10-80 PUBLISHED: DECEMBER 22, 1980 ?- pOW e SUNRISE f P-1 f 65 64 66 62 61 60 59 58 57 56 55 544 65 Be ST so i APPLICATION NO. APPLICANT: LOCATION: - i V1_ C I I`I- I I TY MAP M-2 s 1 8 1 1 17 IIQII 11311 IIUI I II?II IINII IILL II?II lll l lL 1 j -j I •lu I? ?? II II ?Z II II II it II 11 11 -II II I 13t I? rl, I II?II I. ? II?II IINII ll !I jy !I I1 I I I I I I ! I _ ?.? II II 11 r! ? ! I I I ? I I I I ? ? I I I I I I I I N Inl I I I 1111 I 1111 I I 3 ? ! r r r r ll I? r 11 1111,' l II III ?? ? Ir rr ?? ?r ,I II ? II II II II -- II II 35-80 AREA CODE: 18 Paul Wilson, Willis Calhoun & Virgil Young DATE RECD: 9-10-80 W sd W.Valley Hwy. aprx 1320 ft N of 15th St. N.W. in the 2200-2400 blks. Special Property Use Permit for the removal of sand and gravel REQUEST 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. 3589 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVAL SPECIAL PROPERTY USE PERMIT TO MINE GRAVEL FROM A PARCEL OF LAND LOCATED ON THE WEST SIDE OF WEST VALLEY HIGHWAY IN THE 2000 TO 2600 BLOCKS, SUBJECT TO THE PROVISIONS HEREINAFTER SET FORTH." I certify that said Ordinance No. 3589 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 15th day of December A.D., 19 80 I further certify that said Ordinance No. 3589 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 22nd day of December A.D., 19 80 WITNESS my hand and the offical seal of the City of Auburn, this 10th day of April , A.D., 19 81 &-ng&?' C CITY CLERK OF THE CITY OF AUBU