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ORDINANCE N0. 3 8 1 7 �'�'
l,,, � g AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVAL
cr i SPECIAL PROPERTY USE PERMIT TO MINE SAND AND GRAVEL FROM PROPERTY LOCATED
� I ¢ ON THE SOUTH SIDE OF AUBURN WAV SOUTH IN THE 2100 BLOCK, SUBJECT TO THE
� PROVISIONS HEREINAFTER SET FORTH.
O � 5
� ,
� � i 6 WHEREAS, HAROLD WYNN has filed an application with the City of Auburn,
� 7 Washington, to mine sand and gravel from certain real property hereinafter
-- 8 described, from property located on the south side of Auburn Way South in the
9 2100 Block; and
10 WHEREAS, thereafter pursuant to law, and pursuant to proper legal notices,
11 hearing on said application was had before the Auburn Planning Cartonission,
12 which Planning Commission thereafter made recormnendation to the Auburn City
� 13 Council; and �
14 WHEREAS, thereafter pursuant to proper legal notice, a hearing was had
15 before the Auburn City Council on said application.
16 WHEREAS, on the basis of staff review, the public hearing, and the
17 Planning Cortonission action, the Auburn City Council does hereby find
18 that, to-wit:
19
20 1. Gravel removal occurred on the site in the past and that gravel
operation occurred to the west and north of the site.
21 2. That 170,000 cubic yards of material will be removed and the site
22 will be prepared for appropriate development under the zoning code.
2 3 3. With recormnended conditions as attached, the proposal will be in con-
formance with the Comprehensive Plan and zon.ing ordinance, and would
24 be sufficiently regulated so as to minimize adverse impacts on adja-
cent property and traffic.
25 4. A declaration of non-significance under the State Environmental
26 Policy Act has been issued.
27 5. The application materials submitted shows that the proposal has been
well thought out and provides adequate measures for erosion control,
28 site restoration, and dust control.
29 6. The proposal is consistent with Council Resolution No. 352.
30 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
31 ORDAIN AS FOLLOWS: � �r,,,r���}}� jo��.,jq��.i
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32 �f � �� A� ,. ,
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Ordinance No. 3817 �,.�;��,.q-�`������•
Page One of Four 5 , , �e�`
10/14/82 . �"`�'��'�`""
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Section 1. That a Gravel Removal Special Property Use Permit is
2
herewith granted to Harold Wynn for the mining of sand and gravel from the
3
following described real property, located in Auburn, Washington, to-wit:
4
Parcel B: The W� of the SE; of the SW4 of Sec 20, Twp 21 N, R 5 EWM
5 in King Co., WA. Less the N 490 ft thof EXCEPT County Road and EXCEPT
por taken for State Hwy. AND that por of the NE; of the NWa lyg Nly
6 of the Enumclaw-Franklin Howard Road in Sec 29, Twp 21 N, R 5 EWM
Records of King County, Washington.
7
r1 Section 2. That the issuance and maintenance of said Gravel Removal
C� g
pSpecial Property Use Permit shall be contingent upon compliance by the peti-
O 9
Q, tioners and/or their assigns with the following conditions and restrictions:
10
� 1. All sections of Chapter 18.68 of the Zoning Ordinance shall be adhered
� 11 to.
12 2. The statements found in the supporting data in the permit application
shall be made part of this permit.
13
3. Excavation shall be in conformance with the plans and profiles as
14 illustrated by the drawing dated 7-19-82, entitled °Preliminary
Excavating Plan", or as amended upon approval of the City of Auburn.
15
4. A performance bond in the amount of $30,000 guaranteeing restoration
16 of the site shall be filed with the Planning Department prior to any
gravel removal operations.
17
5. This permit shall be for the removal of sand, gravet and earth
18 materials only with no crushing of material by mechanical equipment
allowed on site.
19
20 6. All final slopes and excavated areas shall be seeded and caused to
grow with a mixture of seed, fertilizer and wood cellulose fiber in
21 accordance with the most recent requirements of the Washington State
Highway Department for hydroseeding. Seeding of final slopes and
�22 excavated areas shall begin within 90 days after excavation is
completed, unless otherwise directed by the Planning and Cortvnunity
2 3 Development Committee due to weather conditions.
24 7. 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
25 Council Planning and Community Development Cortunittee to insure
compliance with the conditions of the permit.
26 8, rare should be taken to maintain existing drainage channels free of
27 mud and debris and drainage culverts should be installed, as well as
total restoration, after the hauling operation has been completed.
28 Steep banks should .be hydroseeded and trees planted to restore the
growth.
29 9. Truck crossing signs should be installed per the Manual on Uniform
30 � Traffic Control Devices and flagmen must be furnished. Specific
information shall be provided as to the hours of the haul, the number
31 of yards to be moved, the number of trucks involved and the routes
which they will be taking. The Public Works Department shall approve
32
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Ordinance No. 3817
Page Two of Four
10/14/82 - ,
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1 hours of haul, the number of yards to be removed, number of trucks
2 involved and specific haul routes, prior to the beginning of hauling
operations.
3 10. The ermit shall be for a two 2
p ( ) year period from the effective date
4 of this ordinance.
"�'—� 11. The operation shall be a 5 day work schedule excluding Saturday and
5 Sunday and any legal holidays and that the hours of operation during
'� � s those five days be from 7:00 A.M. to 7:00 P.M. during the gravel remo-
� val operation. Haul operations shall be permitted only between the
� 7 hours of 8:30 a.m. *.0 3:00 p.m.
O
p8 12. Since development on Howard Road will require additional right of way,
0 g up to 20 feet of right of way as determined by the Department of
� Public Works shall be dedicated to provide proper road width.
� 10
13. 50 feet to 100 feet of asphalt apron, as required by the Department of
11 Public Works, shall be constructed for the truck exit from the site.
12 14. The street shall be swept and washed at the end of each operating day.
13 Section 3. Upon the passage, approval and publication of this Ordinance
1¢ as provided by law and upn the approval thereof by the applicants, the Auburn
15 Planning Director shall cause a certified copy of this Ordinance to be
16 recorded in the office of the King County Auditor.
17 Section_ 4. The provisions of this Ordinance shall be binding upon the
18 applicant, his heirs, successors and assigns, and this Ordinance sFiall not
19 be fully effective until agreement to all the provisions thereof is signified
20 by the signature at the end of this Ordinance by the applicant.
21 Section 5. Failure of the applicant, his heirs, successors and assigns to
22 comply with any of the provisions of this Ordinance shall result in the ter-
2 3 mination of any activities on the above cited real property until the City of
24 Auburn Planning & Cormnunity Development Department receives assurance of
25 compliance herewith.
26 Section 6. The Mayor is hereby authorized to implement such administra-
27 tive procedures as may be necessary to carry out the directions of this
28 legislation.
29
30 _ . ,
31
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32 Ordinance No. 3817 • •
Page Three of Four
10/14/82, 11/22/82 Page Three Only
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1 Section 7. This Ordinance shall take effect and be in force five (5) days
2 from and after its passage, approval and publication, as provided by law.
3
4
INTRODUCED: DECENBER 6, 1982
5
6 PASSED: DECEMBER 6, 1982
7
APPROVED: DECEMBER , 1982
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�1 ' 9
�, A Y
� 10
O
� 11 ATTEST:
� 12 _1L'��2� //!C
� 13 t ty �Te�c-
14
- APPROV AS 0 F RM:
15 ��
16
City Attorney
17
18
19 PUBLISHED: JANUARY 13. 1983
20
HAROLD WYNN herewith agrees to comply with all of the above provisions of
21
Ordinance No. 3817 of the City of Auburn, Washington.
22
23 �24 �
ARLDWNN
25
9TATE OF WASHII4GTON
26 COUNTY OF KING
27 ' . "�': , '
On thie day personally appeared before me HAROIA WYNN to me lrnovnrto be• the �,,
28 individual described in and who executed the above, and acknowledged that�he
signed the same ae his flee and volimtary act and deed� Por the u6es and
29 purposes therein mentioned. �� ' c� , ,
, . Tj -. �'
30 Given under � hand and oPPiciel seal thie 21at day of December,' 2�$2. N,�;; _,:�
31
/�� -., ; --
32 Notary Pub ic in and for- the State . . ��'�
----°--------------=--=----- of Waehin
gton reeiding at, Kent, Wp: ' �
Ordinance No. 3817
Page Four of Four
10/14/82
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PLICATION NO. ; 24'8Z
PLICANT: Harold Wynn ' AREA CODE: 24
D,4TE RECD: 7'28'SZ
�ATION: Between Auburn Way South and Howard Road �
UEST: Special Property Use Permit for gravel removal /�� �38�7 �
</
STATE OF WASNZNCTON)
) ss.
COUNTY OF XZNG )
Z, Coralee A. McConnehey, the duly appointed, quaZified City C1erk
of the C�ty 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 fu11, true and cvrrect copy of Ordinance No. 3817 of the
�ordinances of the City of Auburn, entitled "RN ORDINANCE OF 'IIiE CITY OF
AUBURN, WASHIN�TON, GRANTING A GRAVII. RF�VAL SPECIAL PROPERZ'Y USE PERMIT
TO rff[� SAND AND GRAVEI. FROM PROPERTY LpGATED ON THE SOUfH SIDEIOF AUBURN WAY
SOUTH IN THE 2100 BLOQC, SUBJECf TO Tf� PROVISIONS F�[;EINAFTER SET FORTH,
I
I certi.fy that said Ordinance No. '�R17 was duly passed by the Council
and appnoved by the Mayor of the said City of Auburn, on the 6th day of
J�nSaiy A.D. , 19 83
Z further certify that said Ordinance No. 3A17 was published as provided '
, by law in the Dai1y Globe News, a daily newspaper published in the City of
Avburn, and of general circoZation therein, on the 13 day of Janlff3Ty
A.D. . 19 83
�
WZTNESS my hand and the offical seal of the City of Auburn, this 12th
day of Jaztt�aYY, A.D. , 19 83 „
� CITY CLERK OF THE CITY OF AUBURN
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