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HomeMy WebLinkAbout4900CITY OI 25 W, 1 2 3 4 5 6 7 $ 9 lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AUBURN lit Main VA 98001 O~IN~CE NO. 4 9 0 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A SURFACE MINING PERMIT TO ALLOW THE EXCAVATION OF 4,500 CUBIC YARDS OF MATERIAL TO ACCOMMODATE THE CONSTRUCTION OF A LIGHT INDUSTRIAL PROJECT CONSISTING OF TWO BUILDINGS ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF 20TH AND "R" STREET NORTHWEST, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application MIN0001-95, dated October 2, 1996 together with site plans therefore, has been submitted to the City of Auburn, Washington, by A.P.I. ASSOCIATES, requesting a Surface Mining Permit to allow the excavation of approximately 4,500 cubic yards of material to accommodate the construction of a light industrial project consisting of two buildings on property located on the southwest corner of 20th and "R" Street Northwest, 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 July 16, 1996, at 7:00 p.m., at the conclusion of which the Hearing Examiner Ordinance No. 4900 August 13, 1996 Page 1 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 recommended approval of a Surface Minin9 Permit to allow the excavation of approximately 4,500 cubic yards of material based upon the following Findings of Fact and Conclusions, to- wit: o 5 o The applicant, A.P.I. Associates, applies for a surface mining permit to allow for the excavation of 4,500 cubic yards of material and the importation of up to 5,900 cubic yards of material. The excavation is very small, however, the Zoning Ordinance requires the issuance of a surface mining permit. The subject property is 3.1 acres in size and is zoned M- i. It is vacant, but designated for Light Industrial uses in the Comprehensive Plan. Properties to the north, south, and east are zoned for and utilized for industrial uses, while the City watershed is located to the west. The reason for the excavation and filling is to accommodate the construction of a specialized light industrial project. The project contains two buildings, one 17,000 square feet in size, and one 27,000 square feet in size. Landscaping, parking, and storm drainage facilities will be provided. The site's topography is quite irregular. While there is a relatively level bench on the western two-thirds of the property, a knoll in the center, there is a steeper portion on the northwest corner, and the eastern one- third of the site slopes gradually downward to the east. The industrial subdivision which contains a site which was approved in 1980. This lot has not been developed Ordinance No. 4900 August 13, 1996 Page 2 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 8 o 10. due to its irregular topography and the difficulty to provide for a reasonable building area. Excavation is proposed which would provide for two building pads. One pad is in the southwest corner and the other in the easterly part of the property. The two buildings would be served by a parking lot near to the entrance to the lot at the northeast corner. There is no excavation planned for the northwest corner of the property since that portion contains a small stream and associated wetlands. There are also a number of trees on this portion of the property. The existin9 stream will be protected by a means of a setback and additional planting and vegetation. There are 0.16 acres of wetland on the site. Of these wetlands, 0.056 acres are proposed to be filled. The loss of the wetlands will be mitigated by wetland creation and buffer enhancement through additional plantings. The additional planting will occur within the 0.81 acre portion of the site that lies in the northwest corner that will not be excavated. There are a number of significant trees on the remainder of the site which will be removed. To compensate for this loss, the above-mentioned 0.81 acres will be set aside as permanent open space and for the planting of vegetation. The City issued a Final Mitigated Determination of Non- Significance on June 27, 1996 setting forth 15 conditions of approval which address geotechnical issues, storm drainage, erosion control, dust control, wetland mitigation, and vegetation mitigation. The Zoning Ordinance sets forth a number of standards which surface mines must be consistent with and this proposal meets or is capable of meeting all of them except for two. The minimum acreage of a mining site is to be 10 acres and obviously this site is substantially Ordinance NO. 4900 Augllst 13, 1996 Page 3 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 11. smaller. There is a 50 foot setback from the adjoinin9 property line and in this case the excavation will encroach within the aforementioned 50 foot setback. A variance to these conditions has been applied for and is processed concurrently herewith. The project file and staff report and SEPA file are incorporated herein by reference. CONCLUSIONS OF LAW The proposed surface mining permit is consistent with the requirements for the issuance of a surface mining permit. For each of the above reasons, Hearing Examiner to the Auburn application for a Surface Mining affirmed. the recommendation of the City Council on this Permit is approved and NOW, WASHINGTON, of Fact and THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, DO ORDAIN AS FOLLOWS: The above cited Hearing Examiner's Findings Conclusions, are herewith approved and incorporated in this Ordinance. ~ A Surface Mining Permit is hereby approved to allow the excavation of approximately 4,500 cubic yards of Ordinance No. 4900 August 13, 1996 Page 4 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 material to accommodate the construction of a specialized light industrial project consisting of two buildings on property located on the southwest corner of 20th and ~R" Street Northwest, situate in the City of Auburn, County of King, State of Washington, and legally described in attached Exhibit "A". variance be secured that allows for the reduced setbacks and area of the mining site. ~ The mitigating conditions the Final Determination of Non-Significance, incorporated by reference. ~. Upon the passage, approval and publication of this Ordinance as provided by law, the of Auburn shall cause this Ordinance office of the King County Auditor. ~ The Mayor is hereby such administrative procedures as may out the directives of this legislation. contained within SEP0025-93R, are City Clerk of the City to be recorded in the authorized to implement be necessary to carry Ordinance NO. 4900 August 13, 1996 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 This Ordinance shall effect and be in force five (5 days from and after its passage, approval and publication, as provided by law. INTRODUCED: ~//?/~ ~ / APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 4900 AuDust 13, 1996 PaDe 6 Legal Description: "EXHIBIT A" Lot 15 of the plat of Auburn Park of Industry Division No.2 is filed in Volume 114 of Plats, pages 5 and 6 recording number 8002050803, records of King County, Washington less the east 175.52 feet thereof, together with Lot 17 of said plat of Auburn Park of Industry Division No.2 less the east 417.52 feet thereof, more particularly described as follows: Begin at the northwest comer of said Lot 15 being coincident with the northwest comer of the southeast quarter of the northeast quarter of Section 11 Township 21 north Range 4 east WIVI in King County, Washington. Thence south 0© 1 l' 11" west 228.47 feet along the west line of said southeast quarter of the northeast quarter, being coincident with westerly line of said plat to the southeast comer of said Lot 15, being coincident with the northwest comer of said Lot 17, thence continuing south with the northwest comer of said Lot 17, thence continuing south 0° I l' 11" west, 210 feet along said westerly line to the southwest comer of said Lot 17, thence south 88° 49' 17" east 314.91 feet along the southerly line of said Lot 17 to the westerly line of the east 415.52 feet of said Lot, thence north 1° 10' 43" east 210 feet along said westerly line to the southerly line of said Lot 15, thence continuing north 1 o 10' 43" east 199.43 feet along the westerly line of east 175.52 feet Of said Lot 15 to the southerly margin of 20th Street NW as shown on said Plat at a point of curvature thence along said southerly margin northwesterly 48.10 feet along an arc ora nontanget curve to the right having a radius of S0 feet, the radius point of which bears north 24° 10' 1" east through a central angle of 55° 6' 57" to the north line of said southeast quarter of the northeast quarter being coincident with the north line of said Lot 15, thence south 89° 50' 15" west 285.53 feet along said north line to the point of beginning containing 3.18 acres more or less. Parcel Number 0303510150 Ordinance No. 4900 Exhibit "A"