Loading...
HomeMy WebLinkAbout5070Return 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. 5070 2. Reference Number{s) of Documents assigned or released: [--IAdditional reference #'s on page of document Grantor(s)lBorrower(s) (Last name first, then first name and initials) icity of Auburn Grantee/Assignee/Beneficiary: (Last name first) 4. NTRACORP Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A Portion of the SE quarter of the SE quarter of Section 11, Township 21 North, Range 4, East in King County. ~^dditional legal is on page 11 of document. Assessor's Property Tax Parcel/Account Number 112104-9014 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 0 7 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A SURFACE MINING PERMIT TO ALLOW THE EXCAVATION OF 88,000 CUBIC YARDS OF MATERIAL TO ALLOW THE DEVELOPMENT OF A 38 LOT SINGLE FAMILY SUBDIVISION, KNOWN AS VISTAP~ DIVISION II AND LOCATED WESTERLY OF THE WEST VALLEY HIGHWAY AND NORTHWESTERLY OF 11?~ STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application MIN0001-97, dated May 23, 1997 together with site plans therefore, has been submitted to the City of Auburn, Washington, by INTRACORP, requesting a surface mining permit to allow the excavation of approximately 88,000 cubic yards of material to allow the development of a 38 lot single family subdivision, known as Vistara Division II and located westerly of the West Valley Highway and northwesterly of 11th Street NW, within the City of Auburn, Washington, hereinafter described in Section 2 of this Ordinance; and Ordinance No. 5070 January 26, 1998 Page 1 W~EREAS, 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 December 16, 1997, at 7:00 p.m., at the conclusion of which the Hearing Examiner recommended approval of a Surface Mining Permit to allow the excavation of approximately 88,000 cubic yards of material; and WHEREAS, at the regular meeting of the City Council on January 5, 1998, the City Council moved to hold a closed record hearing on the request for a and WHEREAS, at the regular meeting surface mining permit; of the City Council on January 20, 1998, the City Council conducted a closed record hearing to consider said petition in the Council Chambers of the Auburn City Hall at 7:30 p.m., at the conclusion of which the City Council approved the issuance of a surface mining permit, based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 5070 January 26, 1998 Page 2 FINDINGS OF FACT The applicant, Intracorp, has requested preliminary plat approval for a 38 lot single family subdivision. The plat is located westerly of the West Valley Highway and northwesterly of 11tn Street NW. The plat will abut the north side of the existing Vistara Division #1. This proposed plat is part of a larger preliminary plat that was approved by the City in 1991. The plat was previously known as "Sunning Hills" and the preliminary plat was approved for 96 lots. The first phase of the plat received final plat approval in 1995 for a total of 55 lots. A number of homes have been constructed on those lots. The original preliminary plat that was approved in 1991 did, however, expire prior to the completion of Division #2. Since the preliminary plat expired, a new preliminary plat for Division #2 needed to be secured before a final plat could be approved. In conjunction with the preliminary plat, a surface mining permit is also being processed. This permit will allow for the excavation of 88,000 cubic yards of material. 33,000 cubic yards will be used on-site as fill and the remainder will be exported off-site. The excavation is needed in order to create building lots for the single family homes. This part of the plat is encumbered by steeper slopes, which are not conducive for single family lots. The previous approval did not contemplate a mining permit. It did, however, become apparent with the construction of Division #1, that the previous approval did not fully address the amount of slope on the property and the need for substantial excavation to create buildable lots. It was determined that excavation on a lot by lot basis was not as effective as excavating a larger area. 4 o The proposed preliminary plat is reasonably similar to the previous plat with the following exceptions. A mining permit is now required to allow for the additional excavation that is now being proposed and Ordinance No. 5070 January 26, 1998 Page 3 areas that will be excavated. The number of lots is reduced from 41 to 38. A short public cul-de-sac at the northwest corner is being replaced by a private access tract. The private access tract will provide access to two lots while the previous cul-de-sac was going to provide access to seven lots. A larger open space tract is also being set aside because of the steeper unbuildable slopes. The requirements for surface mines are contained within Chapter 18.62 of the Zoning Ordinance. The State Department of Natural Resources has also notified us that they will require a permit of the applicant as well. The site is characterized by moderate to steep, densely vegetated east facing slopes. According to the 1973 "Soil Survey King County Area, Washington", prepared by the USDA Soil Conservation Service, the subject property is made up of two dominant soil types: Norma sandy loam (no) and Alderwood and Kitsap soil, very steep (AkF) . These two very different soil types correspond very closely to the topography of the site: The Norma Sandy loam (No) occurs in the valley portion and the Alderwood Kitsap soil occurs within the steep hillsides. Norma sandy loam normally has slopes of less than 2 percent and the following characteristics: Moderately rapid permeability; seasonal water table at or near the surface; moderately high to high available water capacity; slow runoff and a slight erosion hazard. The mapping unit classified as Alderwood and Kitsap soils has about 50% Alderwood gravely sandy loam and 25 percent Kitsap silt loam. Slopes range from 25 to 70 percent and the distribution of these soils varies greatly with short distances. Its characteristics are variable, but are generally characterized by variable drainage and permeability; rapid to very rapid runoff; and severe to very severe erosion hazard. Of particular note is the potential for severe slippage. Ordinance No. 5070 January 26, 1998 Page 4 Further information on soil is provided in the report: "Geotechnical Engineering Study, Vistara Phase II" prepared by Earth Consultants Inc., May 22, 1997. The purpose of the report is to review site conditions and based on this review develop geotechnical recommendations for the proposed site development. The geotechnical study concludes that the site's soils are suitable for the proposed development i__f all of the study's recommendations regarding slope stability, foundation placement, slab on-grade construction, structural fill and drainage are implemented. The report indicates that the site's soils generally consist of dense silty sand with gravel. The report provides recommendations for the conduct of site preparation and construction activities. Grading will consist of installation of underground utilities, construction of new access roadways and grading for the building lots. It is recommended that building and pavement areas be stripped of existing vegetation or other deleterious materials. Any areas of loose or soft soils should be excavated and replaced with structural fill. Structural fill should be placed in lifts and compacted to appropriate standards. Since the subsoils are considered slightly moisture sensitive due to silt and clay content, grading operations area recommended to be conducted during dry weather periods. During periods of dry weather, on-site non-organic soils may be suitable for reuse as structural fill. The report notes that fill may be placed on slopes. However, on slopes exceeding 25 percent, the fill should be keyed and benched into the slope. Buildings within the plat may be supported by conventional spread footings and continuous footing foundations bearing on native dense soil or on structural fill. If seepage is encountered during construction, the excavation should be sloped to direct the water away from building, slab and pavement areas. Given the site's soil characteristics and the proposal's intent to undertake substantial site excavation (approximate quantity 88,000 cubic yards), Ordinance No. 5070 January 26, 1998 Page 5 there remains a substantial 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. An erosion and sedimentation control plan will be prepared and required to meet City standards prior to approval. A Mitigated Determination of Non-significance was issued on November 22, 1997 and contained 12 conditions of approval that deal with geotechnical issues, erosion and storm drainage control, haul routes, wetlands, open space and landscaping. The contents of the case file #MIN0001-97 and the environmental file #SEP0028-97 of this project are made a part of the record herein CONCLUSIONS OF LAW The mining permit may be approved, if properly conditioned, in that it is consistent with the requirements of the Zoning Ordinance. It is apparent that additional excavation is required to provide for more reasonable building sites. 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 OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5070 January 26, 1998 Page 6 The above cited Hearing Examiner's Findings herewith approved and Section 1. of Fact and Conclusions, are incorporated in this Ordinance. Section 2. A Surface Mining Permit is hereby approved to allow the excavation of approximately 88,000 cubic yards of material to allow the development of a 38 lot single family subdivision, westerly of the 11=n Street NW, within County of King, State of in attached Exhibit "A". Section 3. A restoration known as Vistara Division II and located West Valley Highway and northwesterly of the City of Auburn, Washington, Washington, and legally described plan, incorporating the applicable conditions of the mitigated Determination of Non- Significance (SEP0028-97), the conditions of the preliminary platPLT0002-97, and the applicable standards of Chapter 18.62, of the Zoning Ordinance, shall be prepared by the applicant and approved by the Planning Director prior to excavation. Section 4. The conditions of the Final Mitigated Determination of Non-Significance are incorporated as conditions by reference. Ordinance No. 5070 January 26, 1998 Page 7 Section 5. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: Feblnlary 2, 1998 February 2, 1998 February 2, 1998 CHARLES A. BOOTH MAYOR Ordinance No. 5070 January 26, 1998 Page 8 ATTEST: Danielle E. Daskam, City Clerk ~ED AS TO FORM: Michael J. Reyno]Fd's, City Attorney Published: Ordinance NO. 5070 January 26, 1998 Page 9 LEGAL DESCRIPTION EXHIBIT "A" A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST, FOLLOWS: W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUAR]~ER OF THE S QUARTER; OUTHEAST THENCE S88e13'30'W ALONG THE NORTH LiNE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 394.84 FEET TO THE POINT OF BEGINNING; THENCE S31000'11.E 96.00 FEET; THENCE S04'41'32'E 314.00 FEET; THENCE S80~23'00~V 113.94 FEET TO THE EASTERLY MARGIN OF PIKE STREET NW; THENCE S29~13'35'W 90.78 FEET TO A POINT ON THE WESTERLY MARGIN OF PiKE STREET NW; THENCE N88~'lg'15'W 107.9~ FEET; THENCE S01~40'45'W 89.85 FEET; THENCE S62~31,14-E 16.48 FEET TO THE NORTH~VEST MARGIN OF 10TH COURT NW AND THE POINT OF CURVATURE OF A NONTANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS S38"29'35'E 125.00 FEET DISTANT; THENCE SOLrrHWESTERLY ALONG SAID MARGIN AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 32~49'17· AN ARC DISTANCE OF 71.61 FEET; THENCE S62~24,01.W 84.31 FEET; THENCE S26'43'565.V 129.09 FEET; THENCE S08'44'26'W 60.20 FEET; THENCE N85'10't7'W 12S.93 FEET TO THE EASTERLY MARGIN OF R STREET NW; THENCE N49"43'26'W 53.94 FEET TO A POINT ON THE WESTERLY MARGIN OF R STREET NW; THENCE N76'4S'20'W 154.46 FEET; THENCE N86'18'385V 29.11 FEET; THENCE N8geI9'56'W 90.00 FEET; THENCE S22~39'27.W 89.14 FEET; THENCE N76e03'40'W 74.32 FEET TO THE WEST LINE OF SAiD SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE NOC~29,44.~V ALONG SAID WEST LINE 7'87.60 FEET TO THE NORTHWEST CORNER OF EAJD SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE N88'13'30'E ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER 906.00 FEET TO THE POINT OF BEGINNING. EXCEPT ANy PORTION THEREOF LYING WITHIN THE PLAT OF VlSTARA DIVISION ONE, AS RECORDED IN VOLUME 174 OF PLATS AT PAGES 78 THROUGH 83, RECORDS OF KING COUNTY, WASHINGTON.