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
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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
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Grantee/Assignee/Beneficiary: (Last name first)
1. Auburn, City of
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lLegal Description (abbreviated: i.e. lot, block, plat or section, township, range)
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Assessor's Property Tax Parcel/Account Number
112104-9013
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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
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hereto and made a part hereof as though set forth in full
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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
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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.
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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 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
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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.
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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
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The modifications are discussed further in the staff
report of the preliminary plat.
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.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
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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
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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
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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
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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
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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
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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
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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
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