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Home My WebLink About3625Ac, iz 08"f)c.0= #0488 a RFSCD F 11.00 r_RSHSL w:e 11.00 ORDINANCE NO. 3 6 2 5 11 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVAL SPECIAL PROPERTY USE PERMIT TO MINE SAND AND GRAVEL'FROM A PARCEL. OF LAND 169 ACRES IN SIZE ZONED R-1 LOCATED NORTH OF 17TH STREET S.E. EXTENDED, SOUTH OF SR 18 AND EAST OF "R" STREET.S.E. EXTENDED, SUBJECT TO THE PROVISIONS HEREINAFTER SET`FORTH. WHEREAS, FRANK MILES has filed an application, and DON MAR, INC., MRS. CLARENCE PAUTZKE and OLGA MEADE have filed a separate application with the City of Auburn, Washington, to mine sand and gravel from certain real property hereinafter described, from a parcel of land 169 acres in size zoned R-1 co located North of 17th Street S.E. extended, south of SR 18 and east of "R" 00 O Street S.E. extended; and ON 0 WHEREAS, thereafter pursuant to law, and pursuant to proper legal notices, co O 00 hearing on said application were had before the Auburn Planning Commission, which Planning Commission thereafter made recommendation to the Auburn City Council; and WHEREAS, thereafter pursuant to proper legal notice, hearings were had before the Auburn City Council on said application, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Gravel Removal Special Property Use Permits are herewith granted to FRANK MILES and DON MAR, INC., MRS. CLARENCE PAUTZKE and OLGA MEADE for the mining of sand and gravel from the following described real property, located in Auburn, Washington, to-wit: The W 1/2 of the NW 1/4 of Sec 20, Twp 21 N, R 5 EWM and the SE 1/4 of the NW 1/4 of Sec 20, Twp 21 N, R 5 EWM and the W 1/2 of the NE 1/4 of the NW 1/4 of Sec 20, Twp 21 N, R 5 EWM and the S 3/4 of the SE 1/4 of the NE 1/4 of the NW 1/4 of Sec 20, Twp 21 N, R 5 EWM and that por of the W 186.50 ft of the NE 1/4 of Sec 20, Twp 21 N, R 5 EWM lyg S of the N 866.25 ft thof; and that por of the SW 1/4 of the SW 1/4 of Sec 17, Twp 21 N, R 5 EWM lyg Sly of PSH #2. Section 2. That the issuance and maintenance of said Gravel Removal Special Property Use Permit shall be contingent upon compliance by the petitioners and/or their assigns with the following conditions and restrictions: Ji r ':? 7. ?? 1 ? tVt c? .a ?. - ------------------ Ordinance No. 3625 'cis r _ L Page One 4-9-81 V j • yr shall 1. That thepermits/be granted for a ten (10) year period from the effective date of this Ordinance. 2. Excavation shall be in conformance with the plans and profiles included within the final impact statement of Lakeview issued November 19, 1980. 3. The permits;shall be for the removal of sand, gravel and earth materials only with no crushing of material by mechanical equipment allowed. 4. No undercutting of finished slopes will be allowed. 5. No blasting or other activities producing ground vibrations will be allowed. 6. All equipment operating within the permit area using gasoline or diesel engines shall be equipped with an approved muffler containing a series of chambers, baffles or other mechanical 00 b designs for the purpose of receiving exhaust gases from in- CD Q` ternal combustion engines and being effective in reducing 0 noise resulting therefrom. CC) 7. Noise levels shall not exceed those levels established by cfj the Washington State Department of Ecology. 8. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. five (5) days per week. No materials shall be removed or equipment operated on Saturday, Sunday or legal holidays. 9. All final slopes and excavated areas shall be seeded and caused to grow with a mixture of seed, fertilizer and wood cellulose fiber in accordance with the most recent require- ments of the Washington State Highway Department of Hydro- seeding. Seeding of final slopes and excavated areas shall begin within 90 days after excavation is completed, unless otherwise directed by the Planning and Community Development Committee due to weather conditions.- 10. Approvals from the State of Washington pertaining to air, water and noise pollution and land restoration, if applicable, shall be submitted to the City Planning Department prior to removal of any material from the approved reclamation site. ------------------- Ordinance No. 3625 Page Two 4-9-81 ,,A .rn 1 4 11. The City shall have the right to make inspections of the reclamation site at any reasonable time to determine compliance with the provisions of the permit. The City shall notify the owner and/or operator of a proposed inspection, lack of such notification shall not be cause for denying the right to inspect. The owner and/or operator shall have the option of accompanying the inspector. 12. Pe:rformanc'e bonds : in the amount of one thousand dollars ($1,000.00) per acre guaranteeing restoration of the re- clamation site shall be filed with the City Planning De- partment prior to commencement of grading. 13. That if the ownership is transferred the new owner and/or owners shall be required to review the grading plan and conditions with the City Council Planning and Community Development Committee to insure compliance with the co conditions of the permits. co 0 14. Every six (6) months after the effective date of this Cr O Ordinance, the owner and/or engineer shall submit to the co City Planning Department a report of the amount of material "0 cri removed together with a statement and other information to indicate compliance with the grading plan. The Planning Department may require additional information if necessary to insure compliance. `. 15. A storm water runoff plan including retention ponds, etc. necessary to protect the water quality of White Lake shall be submitted to the Public Works Department for approval prior to the removal of any material from the site. 16. All haul roads within the excavation site leading to City streets shall be surfaced to reduce dust. 17. Transporting sand and gravel by truck from the excavation site shall be restricted to a paved haul road that shall be constructed in accordance with the haul road location map as shown on Page 22 of the Lakeview EIS to direct the truck traffic under SR-18 to intersect.the Auburn-Black Diamond Road in the vicinity of the existing railroad crossing. The trucks will then proceed easterly along the Auburn-Black Diamond Road to SR-18 Green River Interchange. Plans for the ------------------- Ordinance No. 3625 Page Three 4-9-81 i 17. continued: intersection improvements for the haul road with the Auburn- Black Diamond Road shall be approved by the Auburn Public Works Department. 18. The Lakeview site shall be fenced with a six (6) foot high open wire mesh type fence to control access'to the excavation site. There shall be retained a continuous ten (.10) foot wide natural green belt along the inside of the fencing. Where native vegetation is lacking, the owners shall plant native conifer trees to supplement the screening effect. 19. This green belt shall be widened to one hundred (100) feet running 200 feet north and 400 feet west of the southeast corner of the excavation site. This 100 foot set back shall be maintained until the balance of the site has been excavated to grade then the gravel may be removed from the set back area. 20. There shall be maintained a fifty (50) foot set back around White Lake. This 50 foot set back shall be maintained in natural vegetation. Section 3. Upon the passage, approval and publication of this Ordinance as provided by law and upon the approval thereof by the applicants, the Auburn 00 co Planning Director shall cause a certified copy of this Ordinance to be recorded 'el" O ? in the office of the King County Auditor. CO C.-) Section 4. The provisions of this Ordinance shall be binding upon the a:) co applicants, their heirs, successors and assigns, and this Ordinance shall not be fully effective until agreement to all the provisions thereof is signified by the signatures at the end of this Ordinance by the applicants. Section 5. Failure of the applicants, their heirs, successors or assigns to comply with any of the provisions of this Ordinance shall result in the termination of any activities on the above cited real property until the City of Auburn Planning Department receives assurance of compliance herewith, provided however, all parties will be responsible for complying with Section 2, Sub- Sections 1 through 18 of this Ordinance;.DON MAR, INC., MRS. CLARENCE PAUTZKE and OLGA MEADE shall be responsible for complying with Section 2, Sub-Section 19 of this Ordinance and FRANK MILES will be responsible for complying with Section 2, Sub-Section 20 of this Ordinance, provided further, that the failure of one of the aforementioned parties to comply with the provisions of this Ordinance shall not be cause for the City to terminate the activities of the other parties while they are in compliance with the terms of this Ordinance. --------------------- Ordinance No. 3625 Page Four 4-9-81 . i , Section 6. This Ordinance shall become effective five (5) days from and after its passage, approval and publication, as provided by law, and upon the execution hereafter by the applicants. INTRODUCED: APRIL 20, 1981 PASSED: APRIL 20, 1981 APPROVED: APRIL 20, 1981 M OR 00 CC) 19* O Cr O dJ C? u;) ?J ATTEST: 6W &14 A ALA City erk EA-f FRANK MILES, DON MAR, INC., MRS. CLARENCE PAUTZKE AND OLGA MEADE herewith agrees to comply with all of the above provisions of Ordinance No. 3625 of the City of Auburn, Washington. DATED this 4th day of May , 19 81 FRANK LES ?i MR . CLARENCE PAUTZK DON MAR, INC OLGA E DE --------------------- Ordinance No. 3625 Page Five of Five 4-9-81 PUBLISHED: April 26, 1981 0144/ON NO ST4Tf\ ?.?? ? HM'Y RO WHITE LAKE PI-1 co co' t* O 01 O 00 0 cc) CC) N M- P. PROPOSE I APPLICATION NO.: APPLICANT: LOCATION: REQUEST: R-J 9-11 ap.u. __ I2-I I 41-80 AREA'CODE:- 12- Frank Miles, Don Mar, Inc., Mrs. Clarence Pautzke DATE RECD: 11-24-80 and Olga Meade / 169 acres south of Hwy 18 to 17th S.E., from "R" S.E. (extended) to approximately Alpine St. S.E. R-1 to Special Property Use Permit for gravel removal and reclamation according to Lakeview Master Plan STATE OF WASHINGTON) ss. COUNTY OF KING J I, Coralee A. McConnehey, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the fore- going is a full, true and correct copy of Ordinance No. 3625 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVAL SPECIAL PROPERTY USE PERMIT TO MINE SAND AND GRAVEL FROM A PARCEL OF LAND 169 ACRES IN SIZE ZONED R-1 LOCATED NORTH OF 17TH STREET S.E. EXTENDED, SOUTH OF SR 18 AND FAST OF "R" STREET S.E. E)=ED, SUBJECT TO THE PROVISIONS HEREINAFTER SET FORTH. 00 00 d CD ? I certify that said Ordinance No. 3625 was duly passed by the Council co and approved by the Mayor of the said City of Auburn, on the 20th day of 00 April A.D., 1981 co I further certify that said Ordinance No. 3625 was published as provided by law in the Daily Globe News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 26th day of April A.D., 1981 WITNESS my hand and the offical seal of the City of Auburn, this 7th day of May , A.D., 19 81 6-A& 11 Ac -, CITY CLERK OF THE CITY OF AUBU