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' CLERK'~ OFFICE
TY OF AUBURN
25 West Main
,burn, WA 98001
ORDINA/~CE NO. 4 9 0
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A
SURFACE MINING PERMIT TO ALLOW THE EXCAVATION OF APPROXIMATELY
100,000 CUBIC YARDS OF MATERIAL TO ACCOMMODATE THE
CONSTRUCTION OF A 114 LOT RESIDENTIAL SINGLE FAMILY/DUPLEX
SUBDIVISION WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application MIN0002-94, dated March 28, 1994,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by ST CORPORATION, requesting a
Surface Mining Permit to allow the excavation of approximately
100,000 cubic yards of material to accommodate the
construction of a 114 lot residential single family/duplex
subdivision located east of ~W" Street NW and west of the
terminus of 15th Street NW, within the City of Auburn,
Washington, hereinafter described in Exhibit "A" attached
hereto and made a part hereof as though set forth in full
herein; 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
Ordinance No. 4909
September 9, 1996
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Chambers of the Auburn City Hall, on August 20, 1996, at 7:30
p.m., at the conclusion of which the Hearing Examiner
recommended to the City Council approval of the Surface Minin9
Permit; and
WHEREAS, the City Council on September 3, 1996 scheduled
a closed record hearin9 to be held on September 16,
the
1996; and
said closed record
Council Chambers of
WHEREAS, the City Council conducted
hearin~ to consider said petition in the
the Auburn City Hall on September 16, 1996 at 7:00 p.m., at
conclusion of which affirmed the Hearin~ Examiner's
recommendation to allow the excavation of
100,000 cubic yards of material based upon
Findings of Fact and Conclusions, to-wit:
approximately
the followin9
The applicant, ST Corporation, has requested approval of a
preliminary plat, conditional use permit and surface
minin~ permit that would allow for a single family/duplex
subdivision consistin~ of 114 lots. 73 of the lots would
be for single family homes and the other 41 lots would be
for duplexes. The subject property is located easterly of
~w" Street NW and westerly of the terminus of 15th Street
NW.
Ordinance No. 4909
September 9, 1996
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o
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The proposal is located within an area that was the site
of a previous operating surface mine. Mining activity had
occurred at the site for over 20 years. The mining
operation itself had been substantially completed in 1990.
The mining site is now in the process of being reclaimed
and developed into a residential neighborhood. There have
been two single family subdivisions that have been
completed on the western portion of the mining site.
There is a substantial amount of history associated with
the property. It has been subject to a number of
approvals and renewals of mining permits. It has also
been subject to a number of approvals regarding subsequent
land uses of the mining site. In 1981, the City approved
a conditional use permit that allowed for the
construction of 433 multi-family units on the site. The
multi-family units would have been constructed subsequent
to the mining being completed.
Since the mining had not been completed as anticipated,
the City in 1986, renewed the mining permit and approved
another conditional use permit that allowed for 308
multifamily units. In 1988, a revised conditional use
permit that allowed for 308 multifamily units was approved
by the City.
The 1988 conditional use permit was conditioned such that
it expired 18 months after the completion of mining of the
site. The mining permit expired in 1990. The 18 month
period then expired and the City took the position that
conditional use permit had become void in that the
requirements of the conditional use permit were not
fulfilled.
5 o
In 1993, the applicant appealed the City Planning
Director's decision that the conditional use permit was
null and void, as well as contested the Director's
decision to require another mining permit to accommodate
the excavation of material needed for the latest multi-
family project.
Ordinance NO. 4909
September 9, 1996
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The Hearing Examiner upheld the Planning Director's
decisions. The Examiner's decision was then appealed to
the City Council. The City Council upheld the Examiner's
decision. The case files associated with the appeals are
MIS0004-93 and MIS0009-93.
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In 1993, the applicant filed a "PETITION FOR WRIT OF
REVIEW Ai~D COMPLAINT FOR DECLARATORY JUDGMENT AND DAMAGES"
in the Superior Court of Washington for King County, where
it has since been pending.
Since the filing of the writ, the City and the applicant
have been working on a resolution that would avoid the
case going to court. This was recently accomplished by
the execution of a settlement agreement.
o
The settlement agreement contains provisions that the City
would support a project that consists of a preliminary
plat of 114 lots. 73 of the lots would be for single
family homes and the other 41 lots would be for duplexes
for a total development of 155 units. The City would also
allow for some modifications to the platting standards as
well as expedite the review and approval of the project.
The modifications are discussed further in the staff
report of the preliminary plat.
10.When the mining permit expired, the site was not left at
final, finished grades that could accommodate development.
Therefor, additional material needs to be excavated. To
accommodate the 114 lots and street construction an
additional 100,000 cubic yards of material needs to be
excavated. ,The applicant has indicated that all of the
material will be used as fill, on site; therefor, it is
not anticipated to be a need to have any trucked off site.
11.
According to a geotechnical report, together with a
March 24, 1994 supplement, prepared by Golder and
Associates, Inc., in April 1992, the 55o58-acre site can
generally be characterized topographically into upper and
Ordinance No. 4909
September 9, 1996
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lower areas separated by relatively flat benches. The
upper west portion of the site slopes to the east at about
2H:iV (horizontal to vertical), with some areas as steep
as iH to iV slope. This slope flattens about 130 feet to
the east to about 5H to 6H:IV slope. These gradual slopes
continue to the east until they become steeper (1.5H:IV)
towards the eastern property boundary.
The geotechnical report evaluates and provides
preliminary recommendations about soil suitability for'
foundations, grading, slope stability, and storm drainage
considerations. The geotechnical study concluded that the
site's soils are suitable for the proposed development if
all of the study's recommendations regarding slope
stability, foundation placement, slab on-grade, structural
fill and drainage are implemented.
Isolated deposits of fill material were also encountered
during field explorations in several areas of the site.
The fill generally consisted of loose sands mixed with
wood and concrete debris. It was recognized that yet
undiscovered areas of fill material may also exist. The
report identifies that the site's loose fill is not
suitable for support of buildings and removal of the fill
and replacement with structural fill is required to
support shallow conventional spread footings.
The report recommends that all permanent fill slopes be
properly compacted and left at inclinations of 2H:lV or
flatter. All slopes of native soils may be left at iH:iV
or flatter. Some steeper slopes are suitable, however
shallow sloughing, increased erosion and vegetative
maintenance are likely. Drainage benches should be
provided for every 50 feet of elevation gain.
The geotechnical report also recommends the buildings be
setback from 1V:IH slopes; 15 feet in the case of slopes
up to 30 feet in height and setback 30 feet for slopes
between 30 and 60 feet in height. It is also recommended
that the discharge of surface water over slopes be managed
Ordinance No. 4909
September 9, 1996
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on a temporary and permanent basis to prevent erosion and
slope damage.
Additional geotechnical investigation is also recommended
for the construction of the project's stormwater detention
facility by the report: ~Conceptual Drainage Report West
Beverly Hill No. 4" prepared by Dodds Engineers, Inc. May
1996. Due to the location of the detention facility on
top of a 60-foot high slope, additional investigation is
necessary to ensure the compatibility of the proposed
storm drainage facility and the site's soil conditions.
Given the site's soil characteristics, steep slopes and
the proposal's intent to undertake substantial site
regrading, there remains a 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. ~kn erosion and
sedimentation control plan will be prepared and required
to meet City standards prior to approval.
12.
The contents of the case file, MIN0002-94, and the
environmental file, SEP0008-94R, are hereby incorporated
by reference and made part of the record of this hearing.
13.Related Comprehensive Plan Policies:
EN-42 Mineral extraction operations shall not be
considered a permitted use in any zoning district. They
are to be reviewed as special uses and shall be
conducted only in accord with the measures needed to
mitigate any adverse impact. Permits for the operation
shall be denied whenever any impact is deemed by the City
Council to be unacceptable or cannot be acceptably
mitigated.
EN-43 A final grading, drainage and erosion control plan
shall be submitted with every application. Conditions of
Ordinance No. 4909
September 9, 1996
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operation shall be spelled out in detail with performance
bonds required to ensure compliance. Failure to comply
with the provisions will be adequate grounds for
suspension and subsequent termination of the permit.
EN-45 The City shall consider impacts of mining on
groundwater and surface water quality as well as possible
changes in hydrology as a result of the mining during the
environmental review process and require appropriate
mitigating measures to prevent water quality degradation.
EN-48 Additional mineral extraction operations or
expansions of existing operations will only be allowed
outside of mineral resource areas where it is advisable
to modify slope to create usable land (or to provide
another public benefit associated with the site) and
where the community will suffer no substantial short or
long term adverse effect. Impacts of the operations must
be studied thoroughly under the provisions of SEPA, and
the City shall require implementation of all reasonable
mitigating measures identified in those studies. Permits
for the operation and renewal of permits for existing
operations shall be denied whenever any impact cannot be
acceptably mitigated.
EN-50 The creation of usable land consistent with this
comprehensive plan should be the end result of a mineral
extraction operation. The amount of material to be
removed shall be consistent with the end use. While this
policy shall be rigidly applied to developed areas and to
all areas outside of mineral resource areas, some
flexibility may be appropriate within mineral resource
areas.
CONCLUSIONS OF
1. The permit should be approved in that the amount of
material is fairly small compared to the several million
Ordinance No. 4909
September 9, 1996
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yards which have been previously removed from the site.
Previous mining operations did not leave the site with a
single grade to accommodate the current proposal.
Accordingly, additional material must be removed. It is
anticipated that most, if not all, of the excavated
material will remain on site to be used as fill.
Accordingly, any off-site impacts would be minimal.
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
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Hearing
of Fact and Conclusions, are herewith
incorporated in this Ordinance.
OF THE CITY OF AUBURN,
Examiner's Findings
approved and
~ Prior to issuance of any permits which allow
excavation activities, a temporary grading,
and sedimentation control plan is required to
the City Engineer. This plan shall show
locations of excavations, and embankments, the design of storm
drainage retention/detention system, and methods of preventing
drainage, erosion and sedimentation from impacting adjacent
drainage, erosion
be approved by
quantities and
Ordinance NO. 4909
September 9, 1996
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properties,
measures
filling,
natural and public storm drainage systems. The
shall be implemented prior to beginning on-site
grading or construction activities. In addition, the
plan shall include a construction sequence element which
clearly identifies the timing and methodology required to:
· Contain areas of active earthwork to prevent uncontrolled
discharge of storm water,
· Minimize the extent and time soils are exposed on-site;
and,
· Address seasonal variations in weather conditions (the
period of greatest concern is October 1 through April 1).
Ail temporary storm drainage facilities shall be designed
to accommodate the 24-hour, 25-year post-developed storm
event. Temporary detention systems shall be limited to a
5-year pre-developed release rate.
~ The recommendations of the geotechnical
report "Geotechnical Engineering Study Nakiska Apartments',
prepared by Golder Associates, Inc., April 24, 1992 and as
supplemented on March 1994 and/or other subsequent site
specific soils or geotechnical reports shall be incorporated
as determined by the City Engineer.
~ The permanent finished slopes, either filled
or excavated, that are not part of a future street or building
Ordinance NO. 4909
September 9, 1996
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site shall be hydroseeded and planted with conifer seedlings
in accordance the landscape plans entitled "West Beverly
Division Number 4, Duplex Site Plan" with a revision date of
5/2/96.
days from the excavation or fill. The City
consultation with the applicant's geotechnical
require the hydroseeding and plantin9 to be done earlier.
The hydroseedin9 and planting shall occur within 180
Engineer, in
engineer, may
preliminary plat,
4113, that approved
become void and its
Upon final plat
application No.
the previous
obligations
released.
Upon the passage,
as provided by law,
bonds shall be
this Ordinance
of Auburn
office of
approval of the related
PLT0002-94, Ordinance No.
mining activity, shall be
including the performance
shall cause this Ordinance
the King County Auditor.
~ The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directives of this legislation.
approval and publication of
the City Clerk of the City
to be recorded in the
implement
to carry
Ordinance No. 4909
September 9, 1996
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~ This Ordinance shall
five (5) days from and after its
publication, as provided by law.
INTRODUCED:
effect and be in force
passage, approval and
PASSED:
'
CI-IAR~,'~S A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
AS TO FORM:
Michael J. Reynolds,
Actin9 City Attorney
Published:
Ordinance NO. 4909
September 9, 1996
Page ll
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION:
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 21 NORTH,
P-%NGE 4 EAST W.M.,;
EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION I, AS PER PLAT RECORDED
IN VOL%q~E 140 OF PLATS, PAGES 97 THROUGH 100, RECORDS OF KING COUNTY;
AND EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION II, AS PER PLAT
RECORDED IN VOLUME 153 OF PLATS, PAGES 1 THROUGH 3, RECORDS OF KING
COUNTY;
AND EXCEPT THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 11, TOWNSHIP 21 NORTH, R3%NGE 4 EAST W.M., MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST COP~NER OF THE WEST 1/2 OF THE SOUTHEAST 1/4
OF SECTION
THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4, 167.57 FEET TO AN INTERSECTION WITH AN ARC
OF A CURVE TO THE LEFT, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 29
DEGREES 32 MINUTES 25 SECONDS EAST, 230.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 237.92 FEET TO A
POINT OF TANGENCY, SAID CURVE HAVING A CENTRAL ANGLE OF 59 DEGREES 16
MINUTES 07 SECONDS AND A RADIUS OF 230.00 FEET;
THENCE SOUTH 01 DEGREES 11 MINUTES 28 SECONDS WEST, 625.11 FEET TO A
POINT OF CURVATURE, THE RADIUS POINT OF SAID CURVE BEARS NORTH 88
DEGREES 48 MINUTES 32 SECONDS WEST, A DISTANCE OF 320.O0'FEET;
THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.30 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 30 SECONDS ~ID A
RADIUS OF 320.00 FEET;
THENCE SOUTH 83 DEGREES 23 MINUTES 02 SECONDS EAST ALONG A RADIAL LINE
OF SAID CURVE, 60.00 FEET TO A POINT;
THENCE SOUTH 88 DEGREES 48 MINUTES 32 SECONDS EAST 221.70 FEET, MORE
OR LESS, TO THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION
THENCE NORTH 01 DEGREES 11 MINUTES 28 SECONDS EAST ALONG SAID EAST
LINE 862.07 FEET, MORE OR LESS TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Exhibit "A"
Ordinance No. 4909