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HomeMy WebLinkAbout4971Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s)' (or transactions contained therein): 1. Ordinance No. 4971 [o4.1 -- Reference Number(s) of Documents assigned or released: I E]Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) 1. ST Corporation 2. 3. 4. Grantee/Assignee/Beneficiary: (Last name first) 1. Auburn, City of 3. 4. lLegal Description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 112104-9013 [] Assessor Tax # not yet assigned 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 ORDIHA~ICE NO. ~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REVISIONS TO ORDINANCE NO. 4909 TO AMEND THE SURFACE MINING PERMIT TO ALLOW THE EXCAVATION OF APPROXIMATELY ~L70,000 CUBIC YARDS OF MATERIAL TO ACCOMMODATE THE CONSTRUCTION OF A 102 LOT RESIDENTIAL SINGLE FAMILY SUBDIVISION WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application MIN0002-94R, dated 1997, together with site plans therefore, to the City requesting an preliminary plat Hills #4; and WHEREAS, the lots from 114 to of Auburn, Washington, amendment for the February 14, has been submitted by ST CORPORATION, previously approved and surface mining permit for West Beverly amendments include reducing the number of 102 single family lots, eliminating the duplex lots and increasing the amount of excavation from 100,000 cubic yards to 170,000 cubic yards of material to accommodate the construction of the 102 lot residential single family 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 Ordinance No. 4971 May 14, 1997 Page 1 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 hereto and made a part hereof as though set forth in full 2 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 Chambers of the Auburn City Hall, on April p.m., at the conclusion of which the recommended to the City Council approval 22, 1997, at 7:30 Hearing Examiner of revising the Surface Mining Permit as authorized by Ordinance No. 4909; and WHEREAS, the City Council at the regularly scheduled meeting held in the Council Chambers of the Auburn City Hall on May 5, 1997 at 7:30 p.m., at the conclusion of which affirmed the Hearing Examiner's recommendation to revise the Surface Mining Permit as authorized by Ordinance No. 4909 and based upon the following Findings of Fact and Conclusions, to- wit: The applicant, ST Corporation, has requested ~ ~r~J~QllS_approval of a preliminary plat, conditional use permit and surface mining permit that '~:oul~ allowed for a Ordinance No. 4971 May 14, 1997 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 single family/duplex subdivision consistin9 of 114 lots. 73 of the lots would have been for single family homes and the other 41 lots would have been for duplexes_~. The proposed revisions reduce the lots to 102. elimina~o the duplex lots and increase the amount of excavation fro,, 100.000 cubic yards of material_ to 170.000 yards of ~l~ The proposed revisions are due to the applicant perform~nq more detailed enqineering for development Qf the site. The detailed enqineerinq concluded that in order to provide for a functional lot and street layou~ that additional excavation would be necessary. It waa also determined that due to the topoqraphical limitations that the 114 lots could not be realized and therefor the number was reduced, The subject property is located easterly of "W" Street NW and westerly of the terminus of 15th Street NW. 2 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 minin9 site is now in the process of bei:n9 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 regardin9 subsequent land uses of the minin9 site. In 1981, the Clty 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 bein9 completed. Since the mining had not been completed as anticipated, the City in 1986, renewed the minin9 permit and approved another conditional use permit that allowed for 308 multifamily units. In 1988, a revised conditional use Ordinance No. 4971 May 14, 1997 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 25 26 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. 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. 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. In 1993, the applicant filed a "PETITION FOR WRIT OF REVIEW AND COMPLAINT FOR DECLARATORY JUDGMENT AND DAMAGES" in the Superior Court of Washington for King County, where it has since been pending. 8. 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. 9 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. Ordinance No. 4971 May 14, 1997 Page 4 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The modifications are discussed further in the staff report of the preliminary plat. 10 .When the minin9 permit expired, the site was not left at final, finished 9rades that could accommodate development. Therefor, additional material needs to be excavated. To accommodate the development_of the ~ lots and street construction an additional ]2ZJk~Q_Q_Qi~,000 cubic yards of material needs to be excavated. 7The 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. Accordin9 to a 9eotechnical report, to~ether with a March 24, 1994 supplement, prepared by Golder and Associates, Inc., in April 1992, the 55.58-acre site can generally be characterized topographically into upper and 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.SH:lV) towards the eastern property boundary. The ~eotechnical report evaluates and provides preliminary recommendations about soil suitability for foundations, 9rading, slope stability, and storm drainage considerations. The ~eotechnical study concluded that the site's soils are suitable for the proposed development if all of the study's recommendations re~arding slope stability, foundation placement, slab on-~rade, structural fill and drainage are implemented. Isolated deposits of fill material were also encountered durin~ field explorations in several areas of the site. The fill 9enerally 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 Ordinance No. 4971 May 14, 1997 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 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:iV 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 ~ain. The 9eotechnical report also recommends the buildings be setback from iV: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 on a temporary and permanent basis to prevent erosion and slope damage. Additional 9eotechnical 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 re~radin~, there remains a potential for erosion and sedimentation impacts. Appropriate measures shall be taken to ensure that proposed filling, 9radin9 and construction operations do not result in erosion and sedimentation impacts on the site's neighbors or the area's surface water conveyance system. An erosion and sedimentation control plan will be prepared and required to meet City standards prior to approval. Ordinance No. 4971 May 14, 1997 Page 6 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 12.The contents of the ~r_O_v_iD_%b~_case file, MIN0002-94, and the environmental file, SEP0008-94R, toqether with tam subject case file. MIN0002-94R and the environmental_~i~ ~D_O~12~u3_7~_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 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 ali. reasonable mitigating measures identified in those studies. Permits Ordinance No. 4971 May 14, 1997 Page 7 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 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 LAW The permit should be approved in that the amount of material is fairly small compared to the several million 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 Hearing Examiner to the application for an amendment and affirmed. the above reasons, the recommendation of the Auburn City Council on this to Ordinance No. 4909 is approved NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 4971 May 14, 1997 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 of Fact and incorporated in conditions: The above cited Hearin9 Examiner's Findings Conclusions, are herewith approved and this Ordinance subject to the followin9 1. Prior to issuance of activities, a temporary sedimentation control plan City Engineer. This plan shall of excavations, and embankments, any permits grading, drainage, erosion is required to be approved by show quantities and locations which allow excavation and the the design of storm drainage retention/detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems. The measures shall be implemented prior to beginning on-site filling, 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, Ordinance No. 4971 May 14, 1997 Page 9 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Address seasonal variations in weather conditions (the period of greatest concern is October 1 through April 1). The hydroseeding and planting shall 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. 2. 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. 3. The permanent finished slopes, either filled or excavated, that are not part of a future street or building site shall be hydroseeded and planted with conifer seedlings that is consistent with the previou~ approvals. Details for the hydroseedinq and plantinq shall he provided with th,-~ qradina and erosion control plans for review and approval by the Citv Enaineer. ~ ...... ~ .... ~- ~-~ ...... ~ .... rcvisicn ~atc ~= 5/2/96 Ordinance No. 4971 May 14, 1997 Pa~e 10 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Occur within 180 days from the excavation or fill. The City Engineer, in consultation with the applicant's geotechnical engineer, may require the hydroseeding and plantin9 to be done earlier. 4. Upon final plat approval of the related, preliminary plat, application No. PLT0002-94~, Ordinance No.. 4113, that approved the previous mining activity, shall be become void and its obligations including the performance bonds shall be released. this ~9_C~Lig~_~. Upon the passage, approval and publication of Ordinance as provided by law, the City Clerk of the City 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. ~ This Ordinance shall five (5) days from and after its publication, as provided by law. to be recorded in the authorized to implement be necessary to carry effect and be in force passage, approval and Ordinance No. 4971 May 14, 1997 Page 11 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 INTRODUCED: PASSED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: ~Michael J. Reynolds, Acting City Attorney Ordinance No. 4971 May 14, 1997 Page 12