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HomeMy WebLinkAbout4909CI' 9 10 11 ~ 13 15 16 17 18 19 20 23 24 25 26 ' 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 Page 1 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 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 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 o o 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 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 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. 7 o 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 Page 4 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 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 Page 5 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 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 Page 6 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 Page 7 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 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 Page 8 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 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 Page 9 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 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 Page 10 1 2 3 4 5 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ 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