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Return 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. 4975
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Reference Number(s) of Documents assigned or released:
DAdditional reference #'5 on page
of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
1.City of Auburn
2. Reduced Copy of OrigInal Document
3.
4.
Grantee/Assignee/Beneficiary: (Last name first)
2. Recycling Northwest
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NE 13-21-04
o Additional legal is on page 11_ of document.
Assessor's Property Tax Parcel/Account Number
446340-0017
o Assessor Tax # not yet assigned
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ORDINANCE NO. 4 9 7 5
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE SORTING, SEPARATION, AND
TRANSFER OF CONSTRUCTION, DEMOLITION, AND LAND CLEARING (CDL)
MATERIALS ON PROPERTY ZONED M-2 (HEAVY INDUSTRIAL) LOCATED AT
655 AND 657 2ND STREET NW, WITHIN THE CITY OF AUBURN,
WASHINGTON.
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WHEREAS, Application No. CUPOOOl-97 dated January 3,
9 1997, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by RECYCLING NORTHWEST,
INC., requesting a Conditional Use Permit to allow the
sorting, separation, and transfer of construction, demolition,
14 and land clearing (CDL) materials on property zoned M-2 (Heavy
15 Industrial) located at 655 and 657 2nd Street NW., within the
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City of Auburn, Washington, hereinafter described in Section 2
of the 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 April 22, 1997, at the
conclusion of which the Hearing Examiner recommended the
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Ordinance No. 4975
May 21, 1997
Page 1
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approval of the issuance of a Conditional Use Permit to allow
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the sorting,
and transfer of construction,
separation,
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demolition, and land clearing (CDL) materials on property
5 zoned M-2 (Heavy Industrial) located at 655 and 657 2nd Street
6 NW; and
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WHEREAS, at the regular meeting of the Cit~, Council on
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May 5, 1997 the City Council scheduled a closed record hearing
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to be held on May 19, 1997; and
WHEREAS, the City Council conducted said closed record
12 hearing to consider said petition in the Council Chambers of
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the Auburn City Hall on May 19, 1997 at 7:30 p.m., at the
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conclusion of which the City Council recommended approval of
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the issuance of a Conditional Use Permit to allow the sorting,
17 separation, and transfer of construction, demolition, and land
clearing
(CDL)
materials on property zoned M-2
(Heavy
Industrial) located at 655 and 657 2nd Street NW, within the
City of Auburn, based upon the following Findings of Fact and
Conclusions, to-wit:
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Ordinance No. 4975
May 21, 1997
Page 2
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FINDINGS OF FACT
1.
The applicant, Recycling Northwest, Inc.,
conditional use permit to allow for
separation, and transfer of construction,
land clearing (CDL) materials.
applies for a
the sorting,
demolition and
2.
The subject property is located at 655 and 657 2nd Street
NW and is zoned M-2, Heavy Industrial. Surrounding
zoning and land uses in the vicinity include M-2 in all
directions and industrial uses. The Comprehensive Plan
designates the surrounding land for heaV)' industrial
uses.
3 .
The property is the site of an existing recycling
facility. The City approved a conditional use permit in
1990 for the facility. The City, in 1993, issued another
conditional use permit that allowed for a wood
chipper/shredder operation. This approval allowed for
the construction of a 13,400 square foot building for the
wood chipper/shredder operation. This building is
proposed to be used for the CDL processing that is
subject to this application. The wood chipper/shredder
operation has not started and will be essentially be
replaced in a large part by the current proposal.
4.
Since the construction, demolition and land clearing
(CDL) process was not made part of either of the previous
conditional use permits another conditional use permit
needs to be issued.
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5.
The CDL materials to be processed will be sheetrock,
concrete, and asphalt from residential, commercial, and
industrial sources. All processing of the materials
occurs within the building. The equipment used for the
operation include a front end loader and fork lift.
Following the segregation of the materials, it will then
be loaded into trailers, on site, and then transported to
an off-site processing facility for reuse. The
application indicates the materials will be processed and
------------------------
Ordinance No. 4975
May 21, 1997
Page 3
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removed from the site within a 24 hour period. Any
materials not able to be recycled will be trucked to a
landfill. The applicant has indicated that there will be
no outdoor storage of materials other than \~hat is in a
trailer.
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The applicant has indicated that his own trucks will be
bringing the CDL material to the site. It is anticipated
that other private haulers may be allowed to bring CDL
material to the site as well. The applicant has
indicated that using other private haulers is not a high
priority and is not projected to be a large part of his
business. This part of the recycling center is limited
to commercial users. The general public will not be able
to access this part of the facility.
7.
Since the conditional use permit is an expansion of
previous approvals, the requirements of those previous
approvals, including the environmental review, will
continue to apply. In particular, truck traffic is only
allowed to access the site from the north by way of "H"
Street NW via sixth Street NW and "C" Street NW. The
trailers that are stored with material, that can't be
recycled, are limited to 6 loaded trailers. Each loaded
trailer is also required to be removed within 18 hours
filling said trailer.
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The initial environmental review, file #SEP0044-90, that
was done in 1990 projected that a total of 344 vehicle
trips would occur during an average weekday. The review
of the 1993 request concluded that about 202 trips were
likely. Since the proposal is essentially n~placing the
wood chipper approval, the number of vehicle trips is
still concluded to be less than what was projected in
1990.
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9.
At the time of the public hearing, a resident, Tom
O'Neil, expressed concern about the dirt, dus1t, and noise
in the neighborhood. Mr. O'Neil reported that he was not
aware of any specific problems relating to trucks failing
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Ordinance No. 4975
May 21, 1997
Page 4
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to use the previously approved haul routes as a result of
the fact that he resides some distance from the facility.
Mr. O'Neil also suggested that it was appropriate for the
City to require hours of operation for the use.
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10. The staff report, with its recommendation of conditional
approval, is incorporated herein by reference as though
set forth in full. The contents of the case file,
CUPOOOl-97, and the environmental files, SEPOOOl-97 and
SEP0044-90, have been incorporated by reference and are
part of the hearing record.
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CONCLUSIONS OF LAW
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1.
There are a number of criteria which must be established
before the undersigned is authorized to recommend the
approval of a conditional use permit to the City Council.
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2 .
The first of these criteria is that the use will have no
more of an adverse effect on the health, safety, or
comfort of persons living or working in the area, and
will be no more injurious, economically or otherwise, to
property or improvements in the surrounding area. The
property is located within the heavy industrial zone and
surrounded by similar zoning. The M-2 zone is the City's
least restrictive zoning classification and is intended
to allow for uses such as the proposed use.
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3.
The proposal is in accord with the goals, policies, and
objectives of the Comprehensive Plan in that it is
consistent with a number of policies and objectives in
the Comprehensive Plan designed to promote waste
reduction and recycling.
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4.
The proposal complies with or is capable of meeting all
requirements of the Zoning Ordinance.
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Ordinance No. 4975
May 21, 1997
Page 5
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The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character, and
appearance with the existing or intended character of the
general vicinity. Truck traffic will not be increased
and the processing of material on the site will occur
within an existing building.
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Provided that it is properly conditioned, the proposal
will not adversely affect the public infrastructure.
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7.
There are appropriate conditions imposed to control dust
and noise. In addition, the undersigned concludes that
in this situation there is not legal authority for the
City to restrict hours of operation.
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each
of
the
For
above
referenced
reasons,
the
recommendation of the Hearing Examiner to the Auburn City
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Council on this Conditional Use Permit to allow the sorting,
separation, and transfer of construction, demolition, and land
clearing
(CDL)
materials on property zoned M-2
(Heavy
Industrial) located at 655 and 657 2nd Street NW, within the
City of Auburn, County of King, State of Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance No. 4975
May 21, 1997
Page 6
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Section 1.
The above cited Hearing Examiner's Findings
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of Fact and Conclusions, are herewith incorpora.ted in this
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Ordinance.
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Section 2.
A Conditional Use Permit is hereby approved
allow
the
sorting,
to
separation,
and
t:ransfer
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construction, demolition, and land clearing (CDL) materials on
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property zoned M-2 (Heavy Industrial) located at 655 and 657
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2nd Street NW, within the City of Auburn, County of King,
11 State of Washington, legally described on attached Exhibit "AU
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made a part hereof as though set forth in full herein.
Section 3.
All applicable conditions of Ordinance No.
4475 and the Mitigated Determination of Non-Significance
(SEP0044-90) will continue to apply.
Section 4.
If the applicant allows private haulers,
other than his own fleet of trucks, to truck materials to the
site the applicant shall provide the City Engineer, the name
of the hauler and a contact person.
The City Enqineer shall
make the hauler aware of the restricted haul route as
conditioned by SEP0044-90.
If the hauler violates the haul
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Ordinance No. 4975
May 21, 1997
Page 7
of
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route restriction the applicant of this permit shall be
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responsible for any penalties that may be imposed.
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Section 5.
There shall be no outdoor storage or
5 processing of the CDL material. Only processed material will
6 be allowed to be stored in trailers, outside, in accordance
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with this permit.
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Section 6. Upon the passage, approval and publication of
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this Ordinance as provided by law, the City Clerk of the City
of Auburn shall cause this Ordinance to be recorded in the
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office of the King County Auditor.
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Section 7.
The Mayor is hereby authorized to implement
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such administrative procedures as may be necessa.ry to carry
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out the directions of this legislation.
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Section 8.
This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4975
May 21, 1997
Page 8
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INTRODUCED:
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PASSED:
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APPROVED:
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ATTEST:
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Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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21 Michael J. Reynolds,
City Attorney
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PUBLISHED: ~
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Ordinance No. 4975
May 21, 1997
Page 9
CHARLES A. BOOTH
MAYOR
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PARCEL "A" DESCRIPTION:
All that portion of Lot 9, Block "B", LUNN'S GARDEN TRACTS TO AUBURN, according to
the plot recorded in Volume 10 of Plots, Page 33, in King County, Washington, lying North
of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company, and East of a line 195 East of the East line of "H" Street Northwest in the city of
Auburn;
Also all the North 20 feet of that portion of Lot 9, said Block "B" lying East of "H" Street
Northwest in the city of Auburn and West of a line 195 feet East of the East line of said "H"
Street Northwest; also
the East 220.56 feet of Lot 9, Block "B", LUNN'S GARDEN TRACTS TO AUBURN, ac-
cording to the plot recorded in Volume 10 of Plots, Page 33, in King County, Washington,
lying South of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company; also Lot 5 and the East 73 feet of Lot 6, Block "B", LUNN'S GARDEN
TRACTS TO AUBURN, according to the plot record in Volume 10 of Plots, Page 33, in
King County, Washington.
PARCEL "B" DESCRIPTION:
All of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company's abandoned right-
of-way in that portion of Lot 9, Block "8" LUNN'S GARDEN TRACTS TO AUBURN, ac-
cording to the plot recorded in Volume 10 of Plots, Page 33, in King County Washington,
extending between the East line of said Lot 9 and a line parallel to and 195 feet East of the
East line "H" Street Northwest in the city of Auburn, as measured along a line bearing
North 87°16'44" West.
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"Ordinance No. 4975
Exhibit "A"
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